4 < : * . - € . . : + ae a ? ns es tes = < ~ pod a > où x ar « pe . ~, x + REPORT SPECIAL COMMITTEE OF THE HOUSE OF ASSEMBLY > APPOINTED TO ENQUIRE INTO THE STATE or WDUCATION IN THIS PROVINCE. [ORDERED TO BE PRINTED THE TWENTY-FIFTH FEBRUARY 1824,] tn, TT 4 C—— . QUEBEC: Printed by NEILSON & COWAN, No. 3, Mountain Strect. _* 1824. =. wo Ge [A Li ; rr rere ee EDUCATION REPORT. L sy Committee, desirous of obtaining from the most’authentic sources information upon the matter referred to them, caused ques- tions relating thereto to be put to the Gentlemen composing the Semi- NARY of Quebec, also to the Reverend Mr. Mitts, D. D. & Secretary to the Royal Institution for the advancement of learning in this Pro- vince and of the. Diocesan Committee for Promoting Christian Know ledge, to J. F. Perravutr, Esq. President of the Society of Education’ for the District of Quebec, and to the Reverend Mr. Wixi, who hag long presided over an Academy at Quebec, to the Reverend Mr. Bur- KAGE, who withiu these late years has been appointed and acted as Master of the Royal Grammar School at Quebec, and to Mr. J. Be Corsin. The questions put to these Gentlemen, severally, with their tespective Answers, will be found in the Appendix to this Report under the Let- ter [A.] | | Jn the extensive field of enquiry into which your Committee were called upon to enter, it seemed to them most conducive to the discovery of the truth, that some detached portion should be selected for exami- nation in the first instance, and that availing themselves of the permis- sion given to them by the House of reporting from time to time upon the matter referred, they should continue their enquiries into the causes which have retarded the progress of Education in this Province, and Report from time to time, under general heads, the results of those’ enquiries. eu Your Committee could not fail to see, that one of the main causes which have retardedthe progress of Education in this Province has been: the withdrawing of the Rente, Issues and Profits, of the Estates here- tofore belonging to the late Order of the Jesuits from the purposes of their original use and destination, and employing them for other purpo- ses, not known to your Committee, nor to the Public. Some important Documents relating to these Estates being in the hands of the Heirs of the late Honorable J. A. Panet, Esquire, in his» life time Speaker of the Assembly, those Gentlemen were requested to lay them before the Committee, which was accordingly done, and they: will be found in the Appendix to this Report under the Letter [B.] Amongst these Papers will be fourd an opinion of His Majesty’s At. torney General and Solicitor General’ for the Province upon the sub. ject immediately under consideration, bearing date the 18th of May 1790: wherein amongst other things it is said ; « ag a derelict or vacant “ Estate His Majesty became vested in it by the clearest of Titles, if * the right of Conquest alone Mo not sufficient, but even upon the 2 t sh. d oat owe Vi“ 4 « footing of the proceedings in France and the Judicial Acts of the «¢ Sovereign Tribunals in that Country, the Estates in this Province ss would naturally fall to His Majesty, and be subjected to his unlimi- & ted disposal, for by those decisions it was established upon good legal « and constitutional grounds, that fram the nature of the first Establish- & ment or Admission of the Society into France, being conditional, “temporary, and probational, they were at all times liable to expul- « sion, and having never complied with, but rejected the terms of their «¢ admission, they were not even entitled to the name of a Society ; whe- « refore, and by reason of the abuses and destructive principles of their « Institution, they were stript of their property and possessions which « they were ordered to quit upon ten days notice, after having been « compelled to give in a full statement of all they had, with the several « Title Deeds, and Documents or Proofs in support of it. Seques- & trators or Guardians were appointed to the management of their Es- « tates, and in a course of time and with a regularity proportioned to « their importance, provision was made for the application of them in & the various ways that Law, Reason, Justice, and Policy dictated ; « and all this was done at the suit of the Crown Officer by the Courts « of France, as we apprehend in a Judicial and not in a Legislative «¢ Capacity.” Your Committee had reason to doubt the correctness of the above Statement, and instituted a long and patient enquiry into the proceedings had in France upon the occasion of the suppression of the late Order of the Jesuits, in relation to the Colleges and Seminaries belonging to the Order, and tothe Lands wherewith they were endowed. | The inveteracy of the error to which the afore-mentioned Report of the Law Officers of the Crown within the Colony would appear to have first given birth, seemed to require on the part of your Committee more minute details, than, under.different circumstances, and in a matter of less importance, they, would have otherwise deemed necessary. _ ‘The commercial embarrassments of the Order, and the legal proceed- ings had in consequence in the Courts of France, on the part of their Cre- ditors for the recovery of their debts, gave occasion to a judicial enquiry into the Constitution of the Order. | . Father Lavallette, a Jesuit Priest, sent by his General in America, un- der the Title of Superintendant of the Missions to the Windward Isl-’ ands, purchased upon the Conquest of several of those Islands by the British arms, large quantities of merchandize and considerable real estates) from the French Inhabitants who were desirous to return to France, and who under the several Capitulations were permitted to do so, and to re- move or dispose of their property within a certain assigned period, - He paid for these Goods in Bills of Exchange drawn upon his Corres- pondents in France, payable in two or three years, at such places in France as were most convenient to the respective venders of the goods or lands. The Goods. were shipped to these Correspondents by Father L,ava- Jette under a Neutral Flag, and it was expected that they would furnish 5 ample Funds for the payment of the Bills in question, as they became due. But in consequence of these Goods being captured by British Cruisers and condemned, the correspondents of Father Lavallette were _ unable to honor his Bills, and there were protested Bills of Exchange drawn upon Messrs, Gouffre & Lioncy, Merchants of Marseilles, to an amount of nearly Two Millions of Francs, when those Gentlemen fail- ed:—other Bills of Exchange drawn by Father Lavallette upon Mr. Ray, who succeeded the beforementioned Gentlemen in this correspon- dence, were likewise protested. The Father de Sacy, resident at the Maison Professe of the Order at Paris, in his quality of General Attorney tothe Windward Island Mis- sions, was the immediate Superior of the Father Lavallette ; it was to him that the latter accounted, and in his turn he accounted to the Provin- cial, who accounted to the General of the Order. Upon one of these Bills of Exchange for 30,000 Livres an Action was brought in the Consular Couit at Paris, and Judgment given in fa- vor of the Holder against the Order of Jesuits generally: ‘The Court considering Father Lavallette as Agent or Factor for the Order in these transactions, and the whole Body liable for his Acts as his Principals. Vhis Judgment was of the 30th day of January 1760, On the 8th May 1761, a Judgment was rendered in the Parliament of Paris : Between Jean Lioncy, Trustee and Director of the Rights of the Creditors of the Brothers Lioncy and Gouffre, Merchants at. Marseilles, and his partners, Plaintiffs, demanding Payment of Bills of Exchange drawn by Brother Lavallette, a Jesuit of the Mission of St. Pierre de la Martinique, Superior General of the Missions of the Windward Islands and Apostolic Prefect. And the Body and Society of the Jesyits of France, Defendants : And the Father General and in his Person the whole Society of the Jesuits, Defendants, and making default. And between the Jesuits of the Province of France, and the Jesuits of the Provinces of Guyenne, Toulouse, Champagne, and Lyons, opposants to the Judgement of the Consulate of Marseilles of the 29th May 1760. And the said Trustee of the Creditors of the Brothers Lioncy and Gouffre, Defendants, to the said oppositions __ = And moreover, between the said Biothers Lioncy and Gouffre, inter- vening, and Plaintiffs, in damages and Interests, and the said Father General, the said Society and the said Provinces of the Jesuits, Defen- dants, in the said Suit : . Whereby the Superior General, and in his Person the Body and ase sociation of Jesuits in France, were condemned to Pay One Million five hundred and two thousand and two hundred and Sixty-six Livres, two Sols, and two farthings, of Bills of Exchange drawn by the Brother Lavallette upon Lioncy, Brothers, and Gouffie, Merchants of Marseilles, and they were further condemned to pay fifty thousand Livres for dama- ges and all costs and Expenses ; andthe Brother Lavallette and all other 6 Jesuits were prohibited under the Penalties of the Law to intermeddle, directly or indirectly, with any Kind of Traffic which Ecclesiastical Per- sons were interdicted from using by the Canons of the Church admitted in the Kingdom of France, by the Ordinances of the King, or by the De- crees aud Regulations of that Parliament. This case was calculated to excite and did excite a high degree of in- terest, not only in France but in the whole of Europe. The Parliament was occupied nine days in hearing the Advocates of the Parties, of course the most eminent men of that day in their Profession. During the pen- dency of the Suit there was circulated in the Capital (as was usual in France in all causes of any importance whatever) Printed Mémoires Signed by the Advocates of the parties, in which the facts of the case and the Arguments in support of the pretentions of the Parties respectively, were fully stated. | | On the 17th April 1761, whilst the Argument of this Cause was go- ing on, one of the Gentlemen of the Chamber of Enquétes of the Parlia- ment, (all the Chambers being Assembled) addressed the Parliament, stating that two Printed Mémoires, one for the Jesuits, the other against them, on the occasion of a Cause the Argument whereon had commen- ced the previous Monday in the Grande Chambre of the Court, appear- ed to him to publish and discuss too openly the Constitutions of the Je- suits to admit of his not submitting to the Court some observations which those Mémoires rendered indispensable, and well worthy in every respect of the entire attention of the Court, observations, however, which in no wise touched the Cause nor the question before the Grande Chambre. That on the one side the Mémoires for the Jesuits, whilst it seemed in a certain degree to confine the discussion upon the Constitutions of the Jesuits to what concerns the power of the General of this Order over the Property of the different Houses, nevertheless asserted that the Govern- ment, well known to the Parliament, of the other Religious Houses, dif- fered in its form from the Government of the Jesuits which the Parlia- ment had never been able to discover. That on the other side the Printed Mémoire against the Jesuits con- tained assertions as to their Constitutions and Doctrines generally, which it was the duty of the Court to examine into, After going through a long and minute examination of some of the Constitutions which he held to be most exceptionable, he concludes with submitting to the Parliament the following Motion. d ‘ Would there not then be a necessity for examining the Institution «¢ and Administration of the Jesuits according to their Constitutions, «< of which I have merely given a slight notion? This, Gentlemen, is & what I request you to take into consideration.” | Upon this prayer the following Decree was pronounced by the Parli- ment on the 17th April 1761. «< The matter having been taken into consideration, it is ordered that & the Jesuits do within three days deposit in the Civil Office of the 3 oe = &. + he sl e 7 ‘ Court, a printed Copy of the Constitutions of the Society of Jesuits, ‘ that is to say, of the Edition thereof made at Prague in 1757, and “ cited in the printed paper; intituled, * Memoir to be consulted, and ‘ Consultation for the Jesuits of France, printed by L. Cellot, Dauphi. € né Street, 1761.’’ : | | | It was further. ordered, “ that on the Prayer of the King’s Attorney * General, this Decree shall be this day served upon the Superiors of “ the Three Houses of Jesuits in this City, in order that they may ‘be aware thereof and conform thereto, in order that the Law. Officers <¢ of the Crown may take communication of the said. Constitutions; “ deposited in the Civil Office of the Court, according to the Special ‘* Decree entered in the Register of this date.” r Qn the 21st of the same month of April, all the Chambers being as- | sembled, the Chief President informed them that the Law Officers of the Crown were in attendance, to render to the Court an acconnt of what had been done in fulfilment of the above Decree of the 17th of the same mouth, | . Whereupon the Law Officers of the Crown being introduced, Mr. O- mer Joly de Fleury, the King’s Advocate General, informed the Court that the King’s Attorney General had on the same 17th April in the afternoon, caused the said Decree of that date to be served upon Joseph Frerard, Superior of the Novitiate, Brother Henri René Frelant, Supe- rior of the House of the College, and Brother Claude Frey, Superior of the House of the Professed. | oo Chas And that in consequence of the Service of the said Decree the Edition of the Statutes printed at Prague, and required by the Decree, had been deposited in the Office of the Court, on the following day, that they were two large Volumes in Quarto, which the Law Officers of the Crown then had in their possession, to the end that they might labour to put them- selves in a condition to render to the Court an Account of the said Cons stitutions on Tuesday the 2d. June following. ME The Law Officers of the Crown, the Advocate General Mr. Omer Joly de Fleury, addressing the Court, made on the 3d. 4th 6th and 7th~ July 1761, their Report in Obedience to the before mentioned Decree of the 17th April 1761, and of an Arrété of the Parliament of the 2d. June of the same year. | In this Report the subject is treated of under the following Heads. 1st.— À General and Summary Statement of the contents of the two Volumes of Constitutions. 2d.—A detail of the-principal Articles of the Constitutions brought under the consideration of the Court in the proceedings had on the Se- i of April preceding, distributing them under their proper itles. | FRET SRE TA 3d.—Observations upon those Articles viewed with reference to the rights of the Crown and the interests of the People... _ 4th.—-The previous Public Acts of the Parliament relating to the Jesuits, and their Institution. ARE Hor = 8. 5th.—The course which ought to be pursued by the Parliament in respect of those Constitutions of the Order. Of the first of these Heads, nothing need here be said. Of the second it is material here to refer to such part of these pro- ceedings as relates to the Property held in France by the Jesuits. The Advocate General gives the following “ Extrait de I Article Examen Constitutionum.”’ | | Extract.trom the Article Examen Constitutionum. | « The end which the Society proposes to itself is its own & its neigh- bours’ sanctification. To attain this end three vows are made, that of Obedience, that of Poverty,and that of Charity. The vow vf Poverty consists in this, that the Society cannot. have any income for its own support or for any other purpose, which is to be understood not only of every Jesuit individually, but also of the Churches and Houses of the Professed Society Domibus Societatis Professæ. It is not permitted to re- ceive any Fee or Alms for the Celebration of Mass, for Preaching, for Administering the Sacrament or any other Office of Religion which the Society can exercise according to its Institution. Although they have Colleges and Houses of Probation, which have Revenues for the support of Students, Scolasticorum, before they are admitted into the professed Society; or into the Houses thereof, Revenues of that kind cannot ne- vertheless be applied to other uses. And it is not permitted to the Hou- ses of the Professed or any of them or the Coadjutors, to Profit thereby, © 4 Exam. Gen. Constit. Cap. 1. Vol. 1. P. 340.” The Advocate General treats at great length of the Powers vested in the General of the Order, and shews it to have been as to the Persons of the Members of the Order, and as tothe Property belonging to the Order, of the most absolute kind. | Yet it was limited as to the Colleges and Seminaries of Education of the Order. | The words of the Advocate General upon this subject are as follows. «© To the General belongs the whole power of making every kind of “Contract of Purchase or Sale of the temporal property and of personal property of whatsoever nature, as well of the Houses as of the Colleges of the Society, of imposing and redeeming every kind of Rent, guos . libet census, on the property, bonis stabilibus, of the Colleges for their use with the faculty of being exonerated from the charges on res- toring the money which shall have been given cum facultaté onere liberandi restitutd pecuniad que data fuerit. With respect to the alienation or extinction of the Colleges or Houses of the Society which are already established, he cannot proceed thereto without a general Congregation of the Society. The declaration on this chapter states that the General is by himself to exercise that power of contracting respecting the matters just mentioned, that in the most urgent cases he may exercise it by others, when the delay might become prejudicial or when he has deputed it, especially with respect to remote, places, as LE ET — owe 6S India, to someone whom he trusts as he does himself, cuz tanquam sibi ipsi fideret.”’ | | And in another part of his Report speaking of the same subject he says: _ &- The Power of the General is indefinite, and no one has any autho- rity but that which he imparts —He alone appoints to places, dismisses, continues, is sole, supreme administrator of all the property, they are administered, purchased, sold, contracts are enterred into respecting the personal property, rents on the real property of the Colleges are consti- tuted or redeemed ; all that is done is in his name, and by virtue of his power alone ; he can sell, alienate, exchange the real property of the - Houses or Colleges without any previous information, without giving thereto any judicial form.—-His power indeed undergoes some restrictions respecting real property appropriated to certain Establishments, but with respect to personal and even real property given to the Society without appropriation ; he can dispose thereof fuliy as he pleases, ‘* idem gene- ralis disponere poterit, aut vendendo, aut retinendo, aut huic vel illi loco id quod ei videbitur applicando prout ad majorem Dei Gloriam senserit ex- pedire.”? Part IX. of the Constitutions Cap. 3, page 437; No. 6.— ‘ Every Contract made without his express consent is null. His ratifica- tion of Acts is necessary, and he can annull those made by the Provin- cials. He can change the destination of the Legacies made to the Colleges or Houses, and apply them to other purposes without any res- traint from the Will of the Testators. It is indeed said, by way of corrective, that he shall do so but seldom nec nisi rarissime, et extra Eu- ropam in alienationibus permissis ; but that, nevertheless, proves how far his will makes the Rule and the Law,” | _.He concludes the second head of enquiry, by shewing that the Jesuits were by their own Constitutions prohibited from engaging in any trade or | commerce whatsoever. _ The number of their Colleges, at this period may be conjectured to have been very great, if we bear in mind what they were half a Century before the period inquestiony ss hi Me In 1710, (says the Advocate General) according to Father Jouvenci, the Society had upon Earth Six Hundred and Twelve Colleges, Three Hundred and Forty Houses of Residence, Fifty-nine Noviciates, Two Hundred Missions, Eighty-four Houses of the Professed, in all thirty- seven Provinces, and Nineteen Thousand Nine Hundred and Ninety eight Jesuits. He à . It would be going out of the subject under consideration, to refer to any part of the observations of the Advocate General upon the above mentioned third and fourth heads of Enquiry. _ RST ; _ Under the fifth head, the Advocate General. recommended that there should be had between the King of France and the Pope, «¢ friendly Con- ferences as practised by our Ancestors” the term used in the 75th and 76th Articles of the Libertes de P Eglise Gallicane, with a view of reform- ing the Constitutions of the Order, in the various particulars poiated out by the Advocate General. | <2 1 li, CLONES + x 10 On'the Sth July 1761, the conclusions of the Law Officers, to the foregoing effect, were read in the Parliament, all the Chambers being pre. sent, and the following Judgment on the same day pronounced, «© The Court, all the Chambers being present, upon the Report of the Law Officers of the Crown, made yesterday and the preceding days, in obedience to the Decrees of the seventeenth of April and second of June last, and upon the conclusions in writing by them taken, hath in conse- quence decreed that Commissioners shall be appointed, in order to exa- mine as well the Constitutions of the Society called of Jesus, deposited in the Office of the Court on the 18th of April last, asthe matter of the said Report ; also the most important facts respecting the Society which have occurred since its establishment, in order that such Examination and the Report thereon be taken into due consideration by the Court.” On the 2nd of August 1761, by a Declaration of the Kirg of France, beating date at Versailles on that day, it was ordered, that within six months the Superior of each of the Houses’of the Order of the Jesuits, should be bound to deposit in the Office of the King’s Privy Council the Titles of their various Establishments, and it it was added :— _ «¢ Moreover, we ordain, that during one year from the date of the En- rollment hereof, nothing shall be ordered, either definitively or provisi- onally, upon what may relate to the said Institutes, Constitutions and Establishments of the Houses of the said Society, unless we shall otherwise so ordain.” This Declaration was enregistered in the Parliament on the 6th of the same month; the Parliament amongst other exceptions in the act of In- rolment making Collation. & The said Court not intending to restrain itself from adjudging upon the legal state of the said body corporate, when and as to right shall’ appertain, after seeing the Letters Patent already obtained by the said Society, and the Enregistration thereof, and, nevertheless, conforma- bly with the said Declaration, the said Court shall Surcease for and du: ring one year from adjudging upon the said Institution, Constitutions and Establishment of the Houses of the said Society, by any Decrees, either definitive or provisional, other, nevertheless, than those in respect of which the Oath of the Court, its fidelity, its love for the sacred person of the said Lord the King, and its attention to the public tranquility, will not permit the Court to delay, according to the exigence of the Case, subject to the bringing in of the Titles relating to the said So- ciety or its particular Houses established within the Jurisdiction of the Court, ordered, by the said Declaration being made at the Public Office _ of the deposit of the Court within the delay contained in the said De- claration of the said Title Deeds, such account to be rendered by the Court to the said Lord the King, as to right shall appertain. Even the said Title Deeds to be put into his possession, certified Copies thereof being first made, together with the Collation and Deposit in the Public Office of the said Court of the said certified Copies.??" te ae ae ee or es M > ~~" it And the conclision of the Act of Euregistration is as follows : — «It shall also be most humbly represented to the said Lord the King, that his Parliament cannot but see with grief that the said Lord the King seems to announce to hisParliament, by a Declaration addressed to it, the establishment of an illegal deposit other than that of the Court for the delivering in of the said Instruments in writing, whereof the said Lord the King deems it necessary to be informed for the gensral good of his realm, At Paris, in Parliament, all the Chambers ass¢m- bled, the Gth August 1761.” ee 0 On the same 6th August 1761 the Parliament, after reciting the be- fore mentioned proceedings by its Decree of that day, the Attorney Generals. >. | * Appellant, comme d'abus, from all Bulls, Briefs, Apostolic Letters re- specting thé Priests and Pupils of the Society styling itself of Jesus, Constitutions. thereof, forms of Vows, Decrees of the Generals or of the General Congregations of the said Society, and generally from all other similar Regulations or Acts. | | And in its conclusion, it is said, ‘ It is permitted to the King’s At- torney General to cause to be summoned the General and the Society of Persons styling themselves Jesuits, on the said Appeal comme d'abus ; whereupon the said parties shall be heard at the earliest day ; when the said Appealshall be adjudged upon, there shall be laid before the Court all Edicts, Declarations and Letters Patent, duly verified, concernin the said Society, such adjudication and order upon the whole jointly to be made as to right shall appertain.?? On the same day, by another sentence bearing more immediately upon the subject in hand, the Parliament with reference to the Report to them made of the doctrines of the Jesuits, maketh certain provisions in respect to the Colleges and Seminaries of Education of the Order, These are of sufficient importance to require their insertion at full length. rate | via like manner it is provisionally inhibited and forbidden unto the said . -Priests and others of the said Society, to. continue any lessons, either public or private, of Theology, Philosophy, or of the Humanities, in the Schools, Colleges and Seminaries within the Jurisdiction of the Court, under penalty of seizure.of their temporalities, and under such other pe- nalty as to right and justice shall appertain ; and this from and after the first day of October next, as well with respect to the Houses of the said Society, which are situated at Paris, as to those which are situated io the other ‘Towns within the Jurisdiction of the Court, baving within their limits Schools or! Colleges other than those of the said Society; and from the. first day of Aprilnext only, with respect to those which are situated in Towns within the Jurisdictior of the Court, where there are no other Schools or Colleges than those of the said Society, or in which those of the said Society shall be found to occupy any of the Faculties of the Arts or of Theology in the Lise there established, and ne- ré SX 12 vertheless, in case the said Priests, Scholars, or others of the said Society, shall claim to have obtained any Letters Patent duly verified in the Court, to the effect of performing the gaid scholastic functions, the Court permits the said Priests, Scholars, and others of the said Society, to pro- duce them before the Court, all the Chamibers assembled, within the de- lays above prescribed, such order, upon view of the same, and upon the conclusions of the King’s Attorney General, to be made by the Court as to right shall appertain.?? «The Court most expressly inhibits and forbids all subjects of the King from frequenting, after the expiration of the said delays, the Schools, 3oarding Schools, Seminaries, Noviciates and Missions of the said per- sons styling themselves Jesuits, and enjoins all Students, Boarders, Semi- narists and Novices to quit the Colleges, Boarding Houses, Seminaries and Noviciates of the said Society within the delays above fixed ; and all Fathers, Mothers, Tutors, Curators or others having charge of the Edu- cation of the said Scholars, to withdraw them or to cause them to be withdrawn therefrom, and to concur, each in respect to himself, in carry- ing into effeet this present Decree, as good and faithful subjects of the King, zealous for his preservation. ‘The Court in like manner prohibits them from sending the said Children to any Colleges or Schools of the said Society, held without the limits of the Jurisdiction of the Court, or out of the Kingdom. The whole under penalty of being taken and considered as favourers of the said impious, sacrilegious and. homicidal doctrine, assdiling the authority and safety of the person of the King, and as such prosecuted according to the rigour of the Ordonnances. And as for the said Scholars, the Court declares all those who shall con - tinue after the expiration of the said delays to frequent the said Schools, Boarding Houses, Colleges, Seminaries, Noviciates and Instructions of the said persons styling themselves Jesuits, in whatever place they may be, incapable of taking or receiving any degrees in the Universities, or any Civil or Municipal Offices, or of discharging any such public func- tions. The said Court reserving to itself to deliberate on Friday, the 8th day of January next, upon the precautions which it shall judge necessa. ry to take upon the subject of the offenders, if any there be.”” : 6 And the said Court being desirous to provide sufficiently for the Edu- cation of Youth, orders that within three months for all delay, to be ac- counted from the date of the present Decree, the Mayors and Alder- men of the Towns within the Jurisdiction of the Court where there are “no other Schools or Colleges than those of the said Society, or in which those of the satd Society fill the faculties of the Arts or of Theology in the Universities therein established, ‘as also the Officers of the Bail- _dages and Sénéchanssées, together with the said Universities, shall. be bound to send to the Attorney General of the King, each, separately, ._Memoires of what they esteem fitting upon this subject, that this done or default made to do the same, such order may be made, all the Cham- bers aseembled, upon the conclusions of the Attorney General of the King the said day Friday the Eighth of January next, as to right shall appertain.”” 13 « Decreed that the Law Officers of the Crown do render an ac- count in the Court, all the Chambers aflembled, at the hour of ten in the forenoon, of the publication, pofting up, and: printing of the two Decrees this day rendered by the Court, as, well as of the fervice of them at the houfes of the persons ftyling themfelves Jefuits, which are at Paris, and on Friday the 8th of January, of the execution of the remainder of the faid two Decrees.” _. € Ordered further, that the firft Prefident be charged with car- _ rying to the King a Copy, as well of the Statement made to the Court on the 17th April laft, by one of the Counfellors therein, as of the account rendered by the Officers of the Crown the 3rd of July laft.and the following days, and of the fecond Statement made to the Court on the 8th July laft by one of the Counfellors therein; to the end that the faid Lord the King may be enabled himfelf to know the Inftitutions, Conftitutions, Doctrine and un- varying conduct of the faid Priefts, Scholars, and others of the faid Society ftyling themfelves of Jefus, and the indifpenfible ne- ceflity wherein his Parliament found itfelf to render the Decree of this day to preferve the fubjects of the King, and above all the Students, who are the hope and the renewal of the State, from the teaching of a doctrine as pernicious, as execrable.” On the 29th Auguft 1761, the Jefuits obtained the King’s Let- ters Patent referring to the above proceedings, and ordering all proceedings to be fuspended under the aforefaid Decrees of the 6th of the faid month for one year. : + Thefe Letters Patent were, at the prayer of the King’s Attor- ney General, amongft other exceptions, enregiftered. « Subject neverthelefs to this :—that the refpite contai nedin the faid Letters Patent fhall take place only to the firft of April next, upon which day the provifional Decree of the Court of the fixth Auguft laft fhall be executed ipso jure, and alfo without that the neceflary proceedings to enable the Court to:render Judgment on the Appel comme d'abus, inftituted by His Majefty’s Attorney General from the Bulls, Briefs, Conftitutions, forms of Vows, and other regulations relating to the faid Society can be suspend- ed, and in like manner without prejudice to the provifional exe- cution of the faid Appel comme d'abus.” ee Eur « And alfo fubject to this :—that the public or private Lectures on Theology, Philofophy, or the Humanities, held and given by the Priefts or Scholars, in. all the towns or places within the Ju- risdiction of the Court without diftinction, cannot be provifion- ally continued after the expiration of the faid refpite, the whole under the pains contained in the provifional Decree of the 6th 2 ns - à | ~~ 14 Augüft aft’? ° The Parliament added to thefe Refolutions the following Reprefentations :— « And neverthelefs the faid Court hath decreed, that the firft Prefident waiting upon the person of the King this day, in pur- faance of the Order of the Court, fhall reprefent to the faid Lord the King, that his Parliament do conform itfelf to the inten- tion, which the faid Lord the King hath to obtain further infor- mation, has réefpectfully submitted to the exprefs and reiterated Orders of His Majesty, by enregistering the said Letters Patent, it cannot diffemble from the faid Lord the King how much it cost the fentiments of the heart of the Magistrates who compofe his Parliament, to give to the faid Lord the King this proof of its obedience; that it fhall further be reprefented to the faid Lord the King by the first Prefident, that the Decrees which his Par- rithent rendered the fixth of August last, bear upon objects which interest effentially the fecurity of the perfons of Sovereigns, the tranquility of States, the principles of Morals, the Education so valuable to Youth, the good and honour of Religion ; that the faid Lord the King be therefore fupplicated to be pleafed to be as- sured how important it is for his Sacred perfon, for his Posterity, for the entire State, that the zeal of his Parliament do not in fu- ture encounter any obstacle upon matters of fuch great confe- quence.” | « Ordered, that the faid Letters be printed, publifhed & posted up, and certified Copies thereof fent to the Baillages, Senechaus- sées and Univerfities of the Jurisdiction, to be there read, pub- lifhed and enregistered. The Court enjoins the Deputies of the © King’s Attorney General that they fee to the execution hereof, and that they certify the Court thereof within one month.” ~ ‘The next proceedings of the Parliament were on the 16th day of February 1762, when after referring to the before mentioned declaration of the 2d Auguft 1761, it orders as follows : « The Court orders, that the perfons ftyling themselves Je- « fuits fhall be bound to conform to what is prefcribed them by “«¢ the King’s declaration of the 2d August last, and the decree of « enregistration thereof : and therefore that the Superiors of « the Houfes of the faid perfons fiyling themfelves Jufuits, fhall « be bound before the 22d day of March next, to make oath in «“ perfon or by their Attorney even to produce and give in the « accounts of their Houfes, which they have not hitherto produ- ‘# ced and given in. The Court orders that within the fame time « the faid persons ftyling themselves Jefuits, fhall be bound to de- « pofit at the Office of the Court the Title Deeds of their eftab- e lifhments, or certified copies thereof ; and as tu thofe of the 15 ee faid Title Deeds whereof the originals are not to be found in ‘© any places of public depofit, and are not in their poffeffion : «The Court orders, that the said perfons ftyling themselves « Jesuits, do produce ftatements containing the nature and qua- lity of the said Title Deeds, to the truth of which ftatements «¢ the faid Superiors fhali make oath, to the end that the said pa- & pers fo depofited, and affirmations on Oath, be communicated & to the King’s Attorney General, and returned into Court onthe se 23d day of the faid month of March, that fuch order thereup- « on may be made by the Court as to right and Juftice fhall ap- ss pertain. « The Court orders further, that the present decree fhall be « without delay at the inftance of the King’s Attorney General « ferved upon the Superiors of the houfes of the faid perfons, fo « ftyling themselves Jefuits, being within the Jurifdiétion of the « Court.” 3 On the 23d April 1762 the Parliament being in poñleflion of the Titles of the Eftates of the order under the before-mentioned declaration of the King of France of the 2d Auguft 1761, decided difinitively amongst others matters, upon the application to be made of the Eftates with which the Colleges of the order were endowed, and permitting the creditors. — Aas 1 | « To take their recourfe for the payment of the faid condem- « nation monies upon the property appertaining to the Society « of Jefuits within the Kingdom, with the exception of thofe « whereof the deftination could not be changed by the Society, «¢ and the Superior General thereof to the prejudice of the rights « of founders and donors and of their reprefentatives, or of the «< towns and countries for whofe utility the faid property had been ‘ irrevocably affeéted. : : . : ee | This document is oftoo much importance to be omitted and will be found in the Appendix to’this Report under the letter [C.7 ‘In the definitive judgement pronounced by the Parliament up- ‘on the herein-before-mentioned appeal comme d’abus of the At- torney General, it is ordered in refpeét of the Colleges of the Or- der, as follows : « Ordered, That the ascertaining of the property which fhall « be liable to the Adminiftration and the Maintenance of the « Schools and Colleges, and of the Towns where there were no « other Schools or Colleges than thofe of the perfons styling & themfelves Jefuits fhall be proceeded to, to the effect of which « the Officers of the Baillages, Senéchaussées and the Municipal « Officers of the faid Towns, fhall be bound to fend to the Court « before the firft of December next, Statements containing, in 7 “FF; - 16 the firft place; a correct detail of the property and benefices of the Ancient. Endowment of the faid Schools and Colleges previous to the introduction of the faid perfons ftyling themfel- ves Jefuits, as well as of all thofe which at the time of or fince their introduction may have been given, united, granted as eleemofynary gifts, or in any way bequeathed.unto the faid per; fons styled Jefuits, for the keeping and maintaining of the faid Schools or Colleges, Ecclefiaftical Foundations and other objects of alike nature. In the fecond place ; what they fhould efteem expedient as to the manner to be adopted for the Government and adminiftration of the property which fhall be appropriated for the faid Schols and Colleges. In the third place ; the man- ner in which the faid Schools and Colleges were erected and formed, before or fince the introduction of the perfons sty 1ng ‘themfelves Jefuits. To which Statements fhall be joined ; the Title Deeds in fupport thereof, to the end that the whole being corimunicatéd to the King’s Attorney General, and examined by the faid Commiflioners, the Court may adjudge and deter- mine what to right fhall appertain, as well in cafe of fufficiency as of infufficiency of the faid property or otherwife.—And that the Lord the King may be moft humbly fupplicated to caufe to be iflued all Letters Patent thereunto neceflary. ‘© And neverthelefs the Court orders that the Municipal Offi- cers of the faid Towns fhall take pofleffion forthwith upon the évacuation of the Houfes and Eftablifhments of.the late Society, of the Grounds and Buildings which ferved for the faid Schools and Colleges, as well.as of the Furniture deftined for the ufe of the faid Schools and Colleges, of which entry into poffes- fion there fhali be drawn up a Procès Verbal by the Lieutenant General of the Royal Court, or in cafe of abfence or lawfull impediment by one of the other Officers of the Court accor- ding to Seniority in the prefence of the Deputy of the King’s Attorney General, which Procès Verbal fhall contain at the fame time a fummary description of the faid Furniture and of the state of the {aid Grounds and Buildings.” -« The whole nevertheless without prejudice to what relates to « the College Eftablithed in the Town of Lafleche, in refpect « whereof the faid Lord the King fhall be most humbly fupplica- «¢ ted to make known to the Court his intentions in the accuftomed ss manner. « Ordered, nevertheless, that poffeffion fhall be taken thereof by « the Officers of the Senéchaussée de J afléche, in the name of s the said Lord the King. As alfo fhallthe faid Lord the King be « most humbly fupplicated to be pleafed to oyder that all the re- 17 « venués generally heretofore granted by himfelf and his predes “ ceffors Kings, forthe direction and maintenance of any of the aid Schools and Colleges fhall continue to be employed to an és ufe fo advantageous for the good of the State. - ¢ Ordered, That before determining upon the Grounds and «© Buildings, of the Houfes and Eftablihments of the faid late So- « ciety, other than thofe of the Schools and Colleges of the «Towns within the Jurisdiction where there were no other « Schools and Colleges, ‘but thofe kept by the late Class of per- ‘s fons ftyling themselves Jefuits, the Royal Officers, the Muni- « cipal Officers and the Univerfities eftablifhed in the places “ where the faid Buildings and Grounds are, and more particu- st larly the Officers of the Chatelét of Paris, and those of the «6 Sénéchaussées of Lyons, and of the Baillage of Rheims, as well “as the Prevôt of the Merchants and Aldermen of the faid ss Towns of Paris, Lyons and the Municipal Officers of the Town ss of Rheims and the Univerfities of Paris and Rheims, fhail fend “to the Court before the first of December next, at the latest, 6 the Statements which they fhall think proper upon the employ- “ ment which might be made of the faid Buildings and Grounds “ for fome object of Public or Private utility, as well upon the « manner of paying the Cost thereof to be employed hereafter as 4 fhall be ordered, which Statements being communicated to the - King’s Attorney General, it fhall be by him required and by € the Court ordered what to right fhall appertain, and the faid # Lord the King fhall be fupplicated to cause to iflue all Letters «6 Patent to this end neceflary. | « Ordered, that proceedings fhall be had in the Court upon « the Titles which are depofited at the Public Offices, (Greffes) # and upon the Statements which fhall be delivered over to the « Kings Attorney General by the parties interefted for fevering « the Property belonging to the faid late Society, and forming the « fubject of Private Foundations, other nevertheless than that of « the faid Schools and Colleges to be afterwards deliberated upon «by the Court and provided for the acquittal of the faid founda- «« tions by whom and as to right fhall appertain, and the said Lord # the sea confequence be most humbly fupplicated to order « that all Titles and Papers relating to the faid late Order of Je- « fuits, which have been placed before the faid Lord the King, € fhall by his order be Addreffed to. the Attorney. General of the ss faid Lord the King, to be deépofited at the Office of the Court. After directing the sale of the moveables belonging to the Or- der of the Jefuits, this Judgement proceeds to fay : « ‘Phere fhall not however be comprized in the said fale the L 18 « furnituré of the Schools and Colleges of the Towns, in which « there was only that of the late Class of persons ftyling themfel- « ves Jesuits, in refpect of which it has been above decreed and « adjudged by this prefent decree; nor any thing which is deemed « neceflary by the Judges of the places to the ufe and maintenance « of the Property of the faid late Class of Perfons ftyling them- “ felves Jesuits; whereof a Statement fhail be drawn up by the « Bailiffs charged with making the faid fales; as also the Court «6 ftays the fale of the Plate and all books, linen, ornaments, facred « vafes, chandeliersand generally of all other Church Ornaments «¢ Decorations, as well as of all Libraries, until it fhall have been « otherwife ordered by the Court, all the chambers aflembled, and se to provide therefore—Ordered that the Commiflioners of the « faid Court fhall affemble on Thurfday next. | It would be too long to refer to the various decrees of the Par- ljament founded upon a principle which pervades them all, and which decrees are thus characterized in a fubfequent decree of the 28th August 1762. | « Thefe decrees are founded upon a motive of equity which dic- « tates all the decrees of the Court; this motive is, that it is juft « that the revenues of property deftined for a College be employ- «ad for the benefit of that College, and that they be therefore ad << miniftered by fequeftrators moit at hand to the officers charged « with determining, as well upon the alimentary annual allowan- «cesto be made to the perfons lately ftyling themfelves Jefuits, «sas upon the Fees of the profeffors who have filled the places of: «the faid perfons lately ftyling themfelves Jefuits.” It would be foreign from the matter referred to your Commit- tee, to report the various meafures taken by the French Govern- ment concerning the manner in which thefe Revenues were to be applied to the purpofes of Education, ? _Itis fufficient to have fhown incontrovertibly, that the Colle- ges and Seminaries which belonged to the order of the Jefuits in France, continued after the fuppreflion of that order to be ufed for the purpofes of Education, and that the Lands and monies | with which they had been endowed continued to ferve for the maintenance of the faid Colleges and Seminaries. The next object of your Committee was, to afcertain what had ; been done in ‘relation to the Jefuits’ Eftates in Canada by His Majefty’s Government in England, or by the Provincial Autho- rities under orders from His Majefty’s Government in England. ~~ Upon this fubject your Committee have in the firit inftance to refer to an abftract of Proceedings in Council, relative to the grant directed to be made of the Jefuits’ Eftates in Canada to the 19 2 late Jeffery Lord Amherft, with the dates of the feveral orders made by His Majeftyin Council in that behalf, and the Reports of the late Board of Trade and of His Majefty’s Law Officers for the time being. LL It appears from it that, € on the 24th May 1770, His Majefty “ was pleafed to refer to a Committee a Petition from Jeffery Lord Ambherft to His Majefty in Council, ftating that His Majefty having been gracioufly pleafed to fignify his intention of beftowing a mark of His Royal favour in America on the Petitioner, and praying a grant of the Eftates belonging to the Jefuits in Canada.” “ This Petition was referred by the Committee to the Board of Trade, who made their Report thereon, dated 7th June following, but offered no decided opinion upon the Petition of Lord Amherst.” “© On the 2d November 1770, the Lords of the Committee made their Report to His Majefty, and fubmitted that His Majefty’s Attorney anil Solicitor General fhould be directed to prepare the draft of a proper Inftrument to be paffed under the greatfeal, for granting to Lord Amherst the Eftates be- longing to the Jefuits in Canada, referving to His Majefty for public ufes the Colleges and Chapels with their appurte- nances, which belonged to the Society in Quebec, Montreal and Trois Rivierés, the grantee engaging to make fatisfaction to fuch of the then poffeffors as were in poffeffion at the time of the Conqueft.” ‘ ‘Phe Report was approved, and an order made containing directions as above, to His Majefty’s Attorney and Solicitor General,’ who by a Report dated 14th December 1770 fubmit- ted, that they could not proceed in preparing the Inftrument for want of an authentic account of the nature and defcription of the Eftates intended to be granted by His Majefty.” ‘ On the 20th December 1770, another Petition was prefen- ted by Lord Amherst, praying that His Majesty would renew his order to the Attorney and Solicitor General, for prepar- * ing the draft of the Grant, and containing a particular account of the Eftates &c. with an affidavit annexed of General Mur- ray (the then Governor of Quebec) to the fame effect, which Petition was referred to the Law Officers by His Majetty’s orderin Council, bearing date the 21st December 1770, and in cafe the fame contained an authentic account of the nature and defcription of the faid Eftates, they were to prepare the draft of the Grant &c, but 4 appears by the Report of His > ei vee £ 20 « Majefty’s Law Officers in return to the faid order, that the faid «¢ affidavit of General Murray, did not in their opinion fet forth & an-authentic account of the nature and defcription of the Es- & tates intended to be granted.” | «On the 8th March 1771, a further Petition was prefented &« by Lord Amherst, ftating, that he had lately received from « Canada a particular account and defcription of the Eftates be- «© longing to the Jefuits in that Province, certified by the Clerk << of Enrolments to.be conformable to the Regifter of the In- « tendant’s Office, and thofe of the Superior Council of Que- ét bec &c. &c. which Petition and Papers annexed thereto, were « referred to His Majefty’s Law Officers, to confider the fame « with fuch further accounts and proofs as fhould be laid before « them, and to prepare the draft of an Inftrument for making a é Grant to the Petitioner agreeably to His Majefty’s former « order.” The queftion of the application to be made of the Eftates and property of the late Order of the Jesuits appears to have been re- ferred as early as 1765 to the Law Officers of the Crown, and in a Plan of a Code of Laws for the Province of Quebec reported by the Advocate Genéral, ‘ bearing date College of Advocates, «¢ Doctors’ Commons 1773” it is said, €‘ In regard to the Title of the Eftates of the Jesuits, there is annexed,to this Report “4 sketch ofa former one in deliberation, drawn up in a very we fall manner by particular direction in the time of Mr. Gren- & ville’s Adminiftration, May 12th 1765; but upon a change « of Adminiftration soon after, and of the other Law Officers « of your Majefty to whom it was referred jointly with the Ad- « vocate General, no report was made in form.” The sketch referred to in this paragraph will be found in the Appendix to this Report under the Letter [D.j—It is material to obferve that the above opinion appears to have been prepared without the Law Officers of the Crown having had the advan- tage of seeing the Title Deeds to the Eftates in queftion. A further Petition was prefented by Lord Amherst, praying that His Majefty would renew his former order to the Attorney and Solicitor General, for preparing the draft of grant, and would empower them to receive and admit such further evidence as should be laid before them for ascertaining the description, boundaries, and tenure of the said lands, and was referred to the Law Officers accordingly. On. the 6rh July 1786 His Majefty’s then Attorney and Solicitor General made their Report to His Majefty in return to the preceding order, and to the former orders of the same tenor 21 by which it appears that Lord Amherft had forborne to lay be- fore them fome documents in his possessions for the better ascer- taining the nature &c. of the lands, by reason of the troubles which in 1779, and for fome years afterwards, subsifted in North America, and submitting that the additional evidence produced was ftili insufficient to ascertain various particulars necessary to be known, viz : : ak Es: « The prefent Titles by which the Lands were poffeffed.” « The perfons by whom poflessed.” > « Their prefent value, and the nature of the tenures by which they were holden.” | | | & The exact local situation, their extent and population, and « whether any and what claims are made by the heirs of the do- « nors of such part of the lands as were given to the religious or- “ ders by private perfons.” «“ And the Report concludes by submitting, that the faid fe- & veral particulars, and all other material circumftances attending « the lands in queftion, may be beft ascertained by an enquiry <¢ inftituted in the Province by Commiffioners to be appointed & by His Majefty’s Governor, or by such proceedings in the « nature of an inquifition as he should find moft confonant to the « Laws and Ufages of the Province to inftitute for that purpofe, « and that until thefe particulars should be fully ascertained they «were still unable to prepare fuch Grant to the Petitioner as would ée be valid in Law.” 2 «“ The Report from the Law Officers was referred by His « Majefty to the consideration of the Lords of the Committee « of Privy Council for ‘Trade and Foreign Plantations, who by « their Report to His Majefty dated the 10th of the faid month, « submitted their opinion, that in consideration of the difficulties «and delay that had hitherto attended the carrying into effect « His Majelty’s gracious intention'in favor of the petitioner, His 4s Majefty might authorize and direct the Governor of the Pro- «6 vince 6f Quebec, to caufe the feveral particulars ftated by the « Attorney and Solicitor General in their above Report, and all “other circumftances attending the lands in queftion, to be as- © certained by Commiflioners to be appointed &c. &c. &c. ; «¢ Anp that upon return thereof, the Governor should pass ‘a « Grant under the Seal of the Province, to the Petition- « er, his heirs and assigns, of fo much of the Eftates belonging «¢ to the Jefuits in the faid Province, as might be legally grantec ; # under fuch tenures, and subject to all such payments and other “ rights of Seigniory as git Law ‘belong to His Majefty, | 2 22 « and.under the refervations and conditions mentioned in’ His «© Majefty’s former order of the 9th November 1770, and except- “ing thereout fuch parts or parcels thereof, as His Majetty’s ** Governor fhould judge neceffary to be referved for public ufes, «and fuch grant to be fubmitted to His Majefty’s further consi- 66 deration.” « On the 18th Auguft 1786 the foregoing Report. of the _ « Lords of the Committee for rade was approved by His Ma- jefty, and an order iflued accordingly to the Governor of the «Province of Quebec.” pa In execution of the foregoing order a Commiflion was iflued by His Excellency Guy.Lord Dorchefter, bearing date the 7th day of January 1788, whereof a copy will be found in the Ap- pendix to this Report under the Letter [E],. The proceedings had by the Commiffioners named in the fore- : going Commiflion will be found in the Appendix under the before mentioned Letter [A.]. | The opinion of the Law Officers of the Crown within the Co- lony already referred to, and bearing date the 18th May 1790, was required and given under the before-mentioned order of His Majefty in his Privy Council, bearing date the 18th day of Au- guft 1786. ‘ In purfuance of this order a return was made by Lord Dor- chefter, the then Governor of Canada, of all the proceedings which had taken place in that Province with refpect to the Survey of the Lands in queftion, and his Lordfhip in his Let- ter accompanying the same, afligned his reafons why he had not prepared a grant of the faid Lands in conformity thereto.” ‘ At a later period a return was made by Governor Milne. of the actual value and Revenue of thofe Estates, as made out by the Commiffioners for the management of the same. Gover- nor Milne in his Letter transmitting the same, which bears date 23d February 1801, obferves, that the information moft to be depended on would certainly have been obtained by means of a Papier Terrier, but his objections to that arofe from finding that it would not only have been attended with considerable expenfe, but that it would have taken up much “ more time.” 2 « The Governor believes however that the valuation (as now made) cannot be materially wrong, and ftates the annual Re- venue in 1801 according to the firft Report dated the 13th January, as amounting to £1245 5 4 exclufive of the pro- perty fituated within the Cities of Quebec and Montreal.” « ‘The Letter refers to a second Report, dated the 6th Febru- nr La) a a A “nn Un 28 « ay 1801, and mentions that it is computed that the concefli- «6 ons made since that time, have increafed the annual Revenue to €1358 13. 4.” ‘ In the month of June 1791, the late Lord Amherft present- ed another Petition renewing his prayer, that the Governor or Lieutenant Governor for the time being might be ordered to pafs without further delay the grant in question of all the faid Eftates, which fhould appear from the Reports of the Commis- fioners appointed in purfuance of His Majefty’s order of the 18th August 1786, and by the Report of His Majefty’s Law Officers in the Province, his Majefty might legally give and rant,” : This Petition was also referred to the Committee, but it does — not appear to have been taken up during the life of the faid Lord Amherst.” After the aforefaid Report orders were given to take poffeflion of the Eftates belonging to the late order of the Jefuits. The proceedings had in consequence of thefe orders will be found in the Appendix to this Report under the Letter [F.] Since that period the said Estates have been managed by Com- miffioners.—The Commiflion will be found in the Appendix to this Report under the Letter [G.] It is neceflray now to revert to the claims set up by the Fain Jy of Lord Amherst to thefe Eftates. «© On the 9th May 1798 the present Lord Amherst prefented his Petition to his Majefty in Council, ftating all the proceed- ings which had taken place, and particularly the order of the 18th August 1786, which direéts the Governor to appoint Com- miflioners, and inftitute an enquiry in the Province for afcer- taining the nature of the Lands, &c. and that the proceedings under the faid Commiffion had been returned, together with a digeit or analysis thereof, and the Report of the Law Officers in Canada ; and praying that the faid Law Offieers in Canada might be directed to prepare a grant of all fuch parts or portions of the Eftates lately belonging to the Society of Jefuits, as are particularly afcertained by the faid Report, or that a grant might be prepared of fuch parts of the faid Eftates and the profits thereof, as his Majesty should think proper, and beft cal- culated to effectuate His Majesty’ s bounty to the late Jeffery Lord Amherst.” « This Petition was referred to a Committee, who recom- mended to His Majefty to make fuch grant accordingly, un- der the fpecial refervation, provifion and declaration that when the clear yearly profits of the faid Eftates fhall exceed ES ec ce ee « <£ 24 £2400 Sterling, Lord Amherst fhould account to His Majes- “ty for the furplus profits, after being allowed fuch fums as he’ fhould have expended in fettling, cultivating and improving” the faid Eftates, and all other expenfes which Lord Amherst fhould in any manner have been put to, in and about the faid Éftates, which had not hitherto appeared to have yielded any Revenue or advantage to’ His Majefty, and alfo to be allowed’ the charges attending the feveral orders and Commiffions in’ Canada, and other proceedings to afcertain the nature and’ defcription of the faid Eftates, and alfo fuch further expenfes’ as might be incurred in pafling and carrying the grant of the’ faid Lands into effect, and that His Majefty s Attorney and Solicitor General, fhould prepare a draft of fuch grant, to be pafied under the great feal of the Province, under the before- mentioned fpecial refervation, provifion and declaration, res- pecting the furplus profits, and containing the refervations {pecified in the former orders : and further referving to His Mas jefty fuch cther parts and parcels of the Lands as His Majefty’s Governors had actually applied to the erection of Hofpitals, Barracks and other public ufes ; and on the 23d January 1799, this Report was approved, and an order iflued to the Attorney and Solicitor General accordingly.” | « In return to the above-mentioned order, His Majefty’s Law Officers made their report with the draft of a grant annexed, but fubmitted that the Lands to be conveyed by the faid grant, lying within the Province of Lower-Canada, with the parti: cular circumftances of which, and more efpecially with the te- nures and proper defcription thereof, not being perfectly ins formed, they could not confider themfelves as being perfectly competent to -frame an Inftrument which might not be liable to objection, and therefore fubmitted that the fame fhould be fully confidered by the Law Officers in Canada ; and there- ¢ upon the Lords of the Committee to whom the faid report and draft of Inftrument had been referred, recommended, that His Majefty fhould approve of the draft, but that previ- ! ous tothe fame paffing the feal of the Province, the Gover- ‘nor fhould be directed to confult the Law Officers of the Pro- vince with refpect to fuch provifions and alterations, as, upon due confideration of the nature of the ‘Tenures and proper defcription of the Lands, might appear to them advifeable to be added to or inferted in the faid grant.” — «.Itis prefumed that a return was made to this order by the Governor in the fpring of 180], for it appears by the Council Book, that, on the 14th of April 1801, a letter was written 25 *‘-to the Attorney General, ftating that feveral proceedings had ‘ taken place in the Province upon the reference made to His «© Majefly’s Law Officers there, of the draft of the grant prepar- “ ed here and tranfmitted as above-mentioned, and that the ‘© Law Officers in Canada had by their report to the: Governor, ‘¢ bearing date the 15th November 1799, ftated certain -objec- *¢ tions to the validity of the faid Inftrument, as then conftruct- “ ed according to the exifting Laws of Canada, and the letter « went on to direct His Majefty’s Attorney and Solicitor Gene« ‘ ral here to take to confideration the draft of the original In- ‘ ftrument, andalfo the faid report of the Law Officers in Ca- ‘ nada and report their opinion.” | . © First.— Whether the faid alterations and amendments were «© proper to be adopted ?” ‘ Secondly.—** In cafe they fhould be of opinion that such ‘6 were proper, whether it would be neceflary that a new draft of “an Inftrument fhould be prepared and fubmitted to His Ma- «6 jefty for approbation, or whether it would be fufficient in cafe © His Majefty’s Attorney and Solicitor concurred in opinion with ‘ the Law Officers in Canada, to direct the Governor to cause « the faid alterations and amendments to be inferted in the Ins- ‘«‘ trument already prepared ?” _ In answer to this Letter His Majefty’s Law Officers made a «further Report to the Lords of the Committee, ftating many s objections which occurred to them in respect to the provifion « under which Lord Amherst was to hold the Lands, & be made « accountable for the furplus profits of the Eftates beyond £2,400 “ per annum.” | . ‘6 ‘hat it would render His Lordfhip a Public Accountant, ‘ and expose him and his under-tenants to endless difficulties and ‘€ perplexities, and that it would operate as a bar to the full im- ‘ provement of the Estates and confequently to the Revenue to ‘“ be derived from the fame to His Majefty; inasmuch as the “ Agents employed by Lord Amherst, could hardly be expected “ to look further than the perception of the proportion of Rent *¢ granted to Lord Amherst, for his own ufe.” On the 11th July 1803, His Majefty was gracioufly pleafed to fend the following Meffage to His Commons. | His Majefty acquaimts the Houfe of Commons, that in confi- “ deration of the Eminent Services of the late Jeffrey Lord Am- “ herst, during his Command im America, and particularly in the “ reduction of the Province of Canada, His Majesty was induced, “ subfequently tothe War during which thefe fervices were ren- * dered, to direct that a Grant fhould be made to His Lordfhip, his 26 ss heirs and fucceflors, of a certain tract of Land in that Province, “but in confequence of difficulties arifing from local circum- ss tances, His Majefty’s intentions have not been carried into ef- “ fect.—His Majefty has ordered the proceedings relative to this & subject, to be laid before this House, and His Majefty re- «lies with confidence on the juftice and liberality of his faithful « Commons to make such compenfation to the reprefentatives of « the late Lord Amherst, as under the circumftances of the cafe — «6 fhall appear to them to be adequate and proper.” There was paffed in confequence in the Parliament of the Uni- ted Kingdom the Statute 43 Geo. Ill, Cap. 159, * for settling “and fecuring a certain annuity on William Lord Amherft, and « the representatives of the late J effery Lord Amherft in consi- « deration of the eminent fervices performed by him during his “ command in America.” And with it closes the fecond branch of the enquiry. It is not poffible to look at thefe Documents without feeling the utmoft refpect for the fenfe of right and juftice which dictated the above proceedings, and which has so eminently diftinguifhed at all times the Government of His Majetty. Your Committee next directed their enquiries to the afcertain- ing, whether any, and what proceedings had been had within the Colony, for the obtaining of the Buildings and Revenues of the Eftates to be applied to the purpofes of Education. They find that almoft immediately after the Eftablifhment of the prefent Conftitution, to wit, in the year 1795, a Petition fign- ed by a great number of the Citizens and Inhabitants of the Town and County of Quebec was prefented to the Afsembly, which will be found in the Journals Vol. 1, Page 352. That after various proceedings had upon this Petition, an hum- bie Addrefs and Petition of the Affembly of Lower-Canada to His Majefty was reported, concurred in and voted by the Afsembly, (Journals Vol. 1, Page 406) and it was refolved on the Iith April 1793, that a Mefsage fhould be fent “to the Legiflative Council « with a Copy of the Addrefs and Petition to His Majefty, which « has pafsed this Houfe relative to the property pofsefsed by the « Jefuits and the Education of Youth in this Province, requefting « the Council to join in the same.” ai On the 17th April of the fame year a Mefsage was fent by the Legiflative Council in anfwer to the above Refolve of the Afsem- bly, informing them ‘that the Legiflative Council have resolved & to exprefs their defires on the fubject of promoting the means & of Education in a feparate Address.” In 1800, on the 12th March, a Motion was made in the Houfe 27 of Aisembly, that the Houfe fhould refolve itfelf into a Commit. tee, to confider of the moft proper means of obtaining informa- tion concerning the rights and pretenfions which this Province may have upon the College of Quebec and the Eftates thereunto annexed. And on the 13th day of the fame month, an Addrefs was voted to His Excellency the Governor of the Province, praying he might order the proper Officers to transmit to the Houfe, Copies of cer- tain Titles and Documents and Official Reports. relative to the Eftates heretofore pofsefsed and claimed by the Religious Order of the Jesuits in this Province. : 1579) This Addrefs was prefented to the Governor of the Provincé on the 15th day of the fame month, and he was pleafed to make the following aniwer :— 6 I think it necefsary to inform you on the fubject matter of ‘“ the prefent Addrefs, that the whole proceedings under the 6: Commiffion iisued.on the 29th December 1787, including every ‘* claim and pretenfion refpecting the Eftates of the late Order ‘ of Jefuits in this Province, together with the humble Addrefs “of the Houfe. of ,Afsembly voted on the lith April 1793; had “ been refpectively fubmitted to the King,—That His Majefty ‘ having been gracioufly pleafed to refer the whole proceedings ‘© to His Privy Council, the refult of their Confultations, with ‘6 His Majefty’s Order thereon, was transmitted to this Govern- ‘“ ment in the month of April laft, and in confequence of fuch Order, Commiflions have ifsued to take the whole of the pro- ‘¢ perty into the hands of the Crown?’ | ‘© After reflecting on thefe circumftances, fhould the Houfe of « Afsembly continue to deem it advifeable to perfift in their pro- ‘“ pofed inveftigation, I fhall comply with their requeft, to allow ‘ them accefs to thofe papers which have already been made pub- “ lic, and fhall in that cafe give orders that all perfons duly au- ** thorifed by the Houfe of Afsembly, be at liberty to take Copies “ of all Titles, Documents, Reports, Papers and all Proceedings ‘“ under the Commifsion mentioned, which were returned into ** the Council Office on or before the 25th August 1790.” | ‘ But after the information I have now given, the Houfe of ‘ Afsembly will certainly deem it incumbent on them to confider, ‘ whether it is confiftent with that refpect which they have hith- ‘* erto uniformly manifested’ towards their Sovereign, to reiterate any application on the subject.”! =. This Answer from His Excellency the Governor in Chief was taken into confideration by the nd and on the 21st April 28 1800; an Address to His Majefty, humbly fupplicating His Ma- jesty to take into His Royal and Paternal confideration the de- plorable ftate of the Education of Youth in this Province, was propofed, but was not voted.—This Addrefs is to be found in the Journals of this Houfe, vol. 8, page 162. No effectual proceedings on the fubject took place from that period until the 13th May 1812, whena Meflage was fent by the Legislative Council informing the Aflembly of their defire of ha- ‘< ying a conference with the Houfe of Aflembly upon a matter of ‘ importance to the future interefts of the Province.” ‘The con- ference took place, and an Addrefs to His Royal Highnefs the Prince Regent was reported to the Affembly by the Managers on their part at the faid conference, “ foliciting His Royal Highnefs’ ‘¢ attention to the state of Education in this Province, and to the « want of Public Inftitutions for the Inftruction of our Youth, & and to offer to His Royal Highnefs our humble prayer that His Royal Highnefs will be pleafed to take our neceflities into His Gracious and favorable confideration, and to allow the already accumulated and the future Rents and Revenues of the Eftates of the late Order of Jefuits, fituate in Lower-Canada, to be «& appropriated to the relief of thofe neceffities.” This Addrefs will be found in the Journals of the Affembly, vol. 20, page 594. ; The next and lafi proceeding on the fubject in the Affembly was a Refolve on the 15th March 1823, « That an humble Ad- « drefs be prefented to His Excellency the Governor in Chief, & praying he might be pleafed'to communicate to this Houfe, fuclt ¢ Inftructions or Despatches which may have been given or trans- “‘ mitted from time to time by His Majefty’s Government, -rela- “ ting to the Jefuits’ Eftates in this Province and to the applica- “tion of the Revenue of the faid Eftates in this Province.” His Excellency the Governor in Chief’s Answer to this Ad- drefs was, “that having referred to former proceedings on this « fubject which are to be found upon the Journals of the Houfe « of Affembly in the year 1800, I do not think that I can com- « ply with the requeft of this Addrefs without having obtained « fpecial permiffion fo to do.” Your Committee convinced that thefe Inftructions would afford to the People of this Province fome new proofs of the wisdom and beneficence of His Majefty’s Government, are at a loss to comprehend upon what ground it has been deemed neceflary by His Excellency the Governor in Chief to keep them fecret. Upon the whole matter your Committee is of opinion, that the proceedings heretofore had in this Houfe upon this fubject 6 wn LS € D = ee _ @ught to be renewed, and in confequence an humble Addrefs be prefented to His Majefty, praying that he will be graciously plea- fed to caufe to be applied to the Promotion of Education in this Province, the Buildings, Lands and Revenues, heretofore be. longing to the late Order of the Jefuits.» : td All which is neverthelefs humbly fubmitted. L. LAGUEUX, : Chairman, Quebec, 25th February 1824. APPENDIX [A.] Answers of the Seminary of Quesec to the Questions of the Chairman of the Committee appointed to enquire into the prefent state of Education in this Province. | | 2 What is the prefent state of Education in this Province? . If by Education is underftood the knowledge, even ele- mentary, of Letters, it must be admitted that it is reduced to but - little, particularly in our country parts. ‘There are unfortunately feveral Parifhes where there would hardly be found five or fix per- fons capable of exprefling their thoughts tolerably in writing, and of performing the most common rules of arithmetic. From the knowledge we have, we fhould be inclined to think, that in our country parts, upon an average, about one fourth of the Canadian population can read tolerably ; that there may be one tenth who can write their names, poorly enough in truth. In this humilia- ting enumeration, we comprife only the cultivators of the earth, and not perfons of certain profeffions which require more exten- five knowledge. à Although Education be but little advanced in this country, it would have been much lefs fo, had it not been for the zeal of a Saeiks se? of the gentlemen of the Clergy, who have made great exertions for ihe purpofe of procuring Education for the children of their particular Parifhes, by building Schoo! Houfes and maintaining Masters. "THe faccek would have fully corres- ponded with their generous exertions, if a law in force in this country had not prevented them from endowing thofe Schools, and thereby perpetuating the good which they commenced. 30 It will perhaps not be altogether foreign from the fubject, to obferve that the Law 41 Geo. III. has by no means contributed to improve the state of education in this Country: that Law in truth provides for the nomination and for the Salary of School Masters, but thofe who from their pofition would be in a condi- tion to judge of the merit of the perfons who folicit fuch places, having no part in the nomination, nor any right of fuperinten- dence, one may. judge how thefe Schools are kept, particularly if the Masters who are put at the head of them are perfons whom the bad state of their affairs has compelled to take that fituation, and who confider it only as a last refource to-procure a little food for their family. Q. What are the caufes which may have retarded its progrefs ? A. Amongst the different caufes which may have retarded the progrefs of Education in this Province, one may confider the following as the principal :— Ist. The’ want of pecuniary, means with a very large number of parents. | | 2nd. The difficulty of procuring School Masters of irreproach- able morals. 8rd. Finally the want of good Elementary Schools in our coun- try parts. The greater part of the Schoolmasters found. there, particularly thofe establifhed under the 41st Geo. I. are not of a kind to obtain the confidence of the country people, becaufe as we have already faid, the Gentlemen of the Clergy have no right to fuperintend their conduct, and they are named without the par- ticipation of the principal Inhabitants of the place. Q. What are the most proper means fo diffufe it ? A. In our humble opinion the most effectual means would be, to establifh in each Parifh Elementary Schools, to be under the immediate direction and fuperintendence of the ‘Curate, Church Wardens and principal Members of each Congregation. ‘The Curates having it then in their power to fuperintend the Schools, and to know the morals, and religious and focial principles of the Masters put in charge of them, would induce their parifhioners to fend their children to School, and we are intimately perfuaded, that with time thefe Schools would énd in being very well attend- ed. Toestablifh thefe Schools in a fixed and permanent manner, it would be necelsary for the Legiflature to authorize the fabrique” of each Communion to acquire fufficient funds for the maintain- ance of thofe Schools. If fuch a law were pafsed one would foon fee rifing in all the Parifhes permanent Schools, which hereafter would be endowed by the different Curates and by rich Individu- als, who now make daily complaints that the obftacles are not re- 31 moved which prevent them from doing the good which they de. fire to do in refpect to the elementary education of children. With Schools thus founded and endowed, a refpectable Salary might be provided for the Mafters, whereof the choice would be by so much the more eafy as the means of fubfiftence to be offered them would be greater. | | FRE Q. What is the number of Scholars in that part of the Semi- nary of Quebec, which is called «© Le Petit Seminatre”? _ A. There are about one hundred and fixty. mie Q. Could a greater number be received into the faid Seminary ?. A. When the repairs of the Petit Seminaire now commenced are completed, there could be received therein about one hundred and fifty Boarders, and as many day Scholars at the leaft. Q. Why do not a larger number of Scholars requeft admiffion to ftudy in the Seminary of Quebec ? | | | A. That a larger number of Scholars do not requeft admiffion to our Seminary may be attributed : | | Ist. To the want of Elementary Schools, where young people prepare for a courfe of ftudies, and where they usually acquire a tafte for them. * | 2nd. To the want of pecuniary means. Although the charge for boarding and lodging is fmall, and the Scholars pay nothing for tuition—the Seminary itfelf paying the Profefsors—neverthe- lefs, the number of parents whofe means permit them to place their children at the Seminary is small. The charge for the boarding and lodging of the Scholars is twenty pounds currency for twelve months. If they are fick, or the Seminary does not take them to where the Vacations are ufually pafsed, a proportion. ate deduction is made to the parents. | = The day Scholars pay one pound carrency for fuel, sweeping the school rooms and bringing in the wood. With thefe two laft articles they were charged previous to the beginning of the re- pairs of the Petit Seminaire. $rd. To the indifference, unfortunately too general, of parents ; who not having themfelves any idea of education, are little incli- ned to confer it upon their children. | Q. Is it not efsential that before being capable of admifsion to the Seminary, it is necefsary for the Scholars to have gone through a courfe of elementary inftruction elfewhere? A. Before a boy be admitted to commence his courfe of ftudy in Our Seminary, we require that he fhould be able to read Latin and French, and know how to write. Q. Would you be pleafed to ftate to us, what is the courfe of ftudies through which fcholars are put in your Seminary ? 32 A. Our courfe of ftudies confifts in teaching the French, Latin and Englifh Tongues, Geography, Mythology and Hiftory; after thefe comes a course of Literature, Rhetoric and Philofophy ; this laft confifts of Logic, Metaphyfics,. Morals, Natural Philofo- phy and Mathematics, in all their branches. Befides this our young fcholars, of late years, begin, in the lower clafses only, a fys- tematic courfe of Arithmetic, which they continue during the following clafses. | Q. What aptitude for the sciences have you obferved in the youth in general, including that portion of them which ftudied with you? . A. Wethink that the Canadian Youth have as great an aptitude for the Sciences and the Fine Arts as is ufually met with in the Youth of other Nations, and we believe also that we may aflert without fear of violating the truth, that the greater number of the Young men who have ftudied in our Seminary have fhewn fuf- ficient talents to fucceed, and we are proud to be able to count a- mongst thofe who exercife honorable Profeffions, as well in the City as in the other parts of the Province, and who distinguifh themselves therein, no fmall number of Pupils of the Houfe, who eminently fucceeded in thofe courfes of ftudy. Q. What was the Original deftination of your Houfe in res- pect of Education ? A. The Seminary of Quebec by its original deftination; was bound only to prepare Young Ecclefiaftics for Holy Orders by teaching them Theology. Befides this, it kept a fmall Boarding Houfe for Scholars, who attended the Claffes of the Revd. Fathers the Jefuits. . What was the courfe of Studies followed at the College of the Revd. Fathers the Jefuits ? A. We think that it was that of the College of Louis le Grand. Q. Since when, and upon what occafion, have young people been admitted to ftudy in your Seminary ? | | A. It is fince the Conquest, and upon the occafion of the fuppreffion of the Revd. Fathers the Jefuits, which occurred in 1764, that the Seminary of Quebec has charged itfelf with the Education of the Youth, who in confequence of that suppreffion were deprived of every means of receiving any Education. ; Q. Can you say what is the number of Scholars who have re- ceived their Education in your Seminary before and fince that period, and be pleafed, if it is poflible, to give us a table year by ~ year? | | A. It would be altogether impoffible to fay what isthe number of Pupils who have received their Education with us. Very long 33 refearches could at the utmost enable us to know the number of thofe who have studied with us as Boarders :—But we think that the refult of thofe refearches would not afford any thing fatisfac- tory to the Committee which does us the honor of interrogating us. For and in the name of the Gentlemen of the Seminary of Quebec. | (Signed) ANT. PARANT, Priest. Sup. Seen. of Quebec. Seminary of Quebec, 22d. Jany. 1824. The Reverend Dr. Mis appeared before the Committee, and was examined as follows. . Q. When were the Rules and Regulations now produced firft eftablifhed ? . A. The Rules and Regulations (No. 1.) were eftablifhed in the year 1820, fhortly after the erection of the Corporation. Thofe (No. 2.) which are fupplementary to the former, about a twelve-month ago. pee re ARE La Q. Can you furnifh the Committee with a List of Vifitors who have accepted in confequence of the Circular annexed to the faid Rules and Regulations being Addreffed to them. A. The answer to this Queftion will be found under the next Query, as, with one or two exceptions which it cannot be neces- sary to notice, the Vifitors who have accepted under the Circu- lar addreffed to them by the Royal Inftitution are in fact the Vi- fitors now acting. | ” | Q. Will you alfo furnifh the Committee with a List of the Vi- fitors who are now acting, and alfo a list of the Commiffioners of the faid Schools appointed fince the Eftablifhment of the Royal Inftitution, alfo of the School Houfes actually conveyed to the Royal Inftitution and thofe not fo conveyed ? A. School Houfes conveyed to the Royal Inftitution. At Kamouraska, St.. Armand, St. Anne la Pocatiére, Stan- bridge, Port Neuf, Cap Santé, St. Roch, Côteau-da-Lac, William Henry, Point Levy, Chatham, Seigniory of. Argenteuil (four School Houfes) Durham, Stukely (two School Houfes) La Chine, Stanftead (three School Houfes) St. Marie Nouvelle-Beauce, Eator (three School Houfes) Melbourne, Terrebonne (two School i 34 Houfes) Dorchefter, Hatley (two School Houfes) St. Thomas and Maskinongé. Schoo! Houfes not yet conveyed. Quebec and Montreal nearly completed, Drummondville, ready for conveyance fome time ago. New-Carlifle (Gaspé) and Frampton, School Houfes in progress. Three-Rivers, no School Houfe yet erected. Berthier School discontinued from Novem- ber last, till the School Houfe be repaired and conveyed. Commissioners Appointed fince the Eftablifhment of the Royal eS Inftitution. Dorchefter—Revd. W. D. Baldwin, W. Macrae, Efquire, H. Monfey, Efquire, and Mr. G. Efiñhart. Argenteuil—Revd. J. Abbott, H. Caldwell, Efquire, and J. Mure, Efquire. New-Carlifle—(Gaspé) H. O’Hara, Efquire, . Js. Sherar, Ef- quire, Amafa Bebee, Efquire, Robt. Sherar, Efquire, J. Cald- well, Senr. Efquire, and Revd. J. Suddard. Lachine—Jno. Finlay, Esquire, Donald Duff, Efquire, Capt. Pierre Roy dit La Penfée, and James Somerville, Junr. Efquire. Frampton—P. E. Desbarats, Js. Voyer and Edw. Pyke, Efqrs. Côteau du Lac—J. Simpfon, A. Grant and H. Evatt, Efquires. Berthier, Revd. J. C. Driscoll, Js. Cuthbert, Junr. Efquire and Mr. Charles Morrifon. Terrebonne—J. Oldham, M. Turgeon and C. Roy, Efquires, and Mefirs. A. Dumas and F. Coyteux. Kamouraska—Chs.'l'aché, T. Cazault, and T. Horsman, Efgrs. William Henry—Revd. J. Jackfon, H. Brewfter, Efquire, and Mr. A. Allen. Melbourne—Mefirs. B. Heath and Simpfon, Drunmondville—Revd. S.S. Wood. | - St, Hilaire—Lieutenant Colonel J.B.. René Hertel de Rouville, P, Byrne, Efquire, and A. Dumont, Efquire. St. Jofeph—(District of Montreal) J. McNaughton, J. McDonald, J. McFarlane and A. McNaughton. LIST OF vIsITORS NOW ACTING. Cap Santé—G. W. Allfopp, P. Morifett, Chs, Garnaud, Frs. Rinfret dit Malouin and Jacques Marcot. Kamouraska—Pafcal ‘Taché, Chas. Taché, and Thos Horfman. St. Armand and Stanbridge—Rev d. J. Reid, Calvin May, and Geo. Mitchell. Pie ‘, ~~ 35 - Frampton—Edward Pyke, Efquire, Mr. W. Fitzgerald, ana Mr. J. Ross. St. Thomas—L. Boucher, Biguire;—Couillardy Efquire; and —Boiffeau, Junr. Esquire. St. Roch—L. Beffe, and Edward Maile, Efquires.. Deamon f Three-Rivers==Hénble. T. Coffin, Honble. M. Bell, J. Bas deaux, Efqr. and R. Kimbert, Efquire. Point Levi—Revd. R. R: Burrage, Meflire Malle, Captain Augtn. Labadie, J. Davidfon, Efquire, and Mr. Richd, Lilliott; Montreal—Honble. J. Richardfon, Revd. J. Bethune, Revd _ B. B. Stevens, S. Gerrard, Efquire, and F. W. Ermatinger, Eft uire. ? Argenteuil Révd. J. Abott, C. Muir, J. Marfhall Perkins, and J. S. Hutchins, Efquires. St. Marie Nouvelle-Beauce—Honble. Col, Tafchéreau, C. Tas- chereau, Efquire; and Mr. Lehouillier. Chatham—Revd. J. Abott. Terrebonne—(Englifi School) Honble. R, McKenzie; Revd. J. E. Burton, and J. Oldham, Efgr. Do—(French School) Lieutenant Col. Michel Turgeon, Major Jos. Turgeon, J. O. ‘Turgeon and François Coyteux. ew-Carlifle (Gafpé)—Revd. R. Knagg; R. Sherar, Efqr. Mr. W. Scott; and Mr. J. Caldwell, Senr. Lachine—Revd. B. B. Stevens (Montreal) J. Finlay, Efquire, D. Duff, Efquire, J. Somerville, Efqr. and Captain Venant Roy dit La Penfée. Coteau du Lac—Captain French, H. Evatt, care W. H. a 08 Efquire, and A. Nicholl, Efquire. Henry—Revd. J: Jackfon, and Mr. A. Allen. | Stanftead—Revd. T. Johnfon, (Hatley) C. Kilborn, P. Hub- bard; M. Childs, J. Smith, and S. Pomeroy. Drummondville—Lieutenant Colonel Heriot, and Revd. S..S. Wood. Melbourne—Revd. S. S. Wood, B. Heath, J. Stimfon, J.B. Bromham, M. Perkins, and C. Clarke. Diinkiam—Revd. C. C. Cotton; Jos. Baker, Efqr. A. Brown, J. Coatesworthy S. Cook, G. W. Stone, and J. Gilbert. Q. Can’ you'inform the Committee what number of Scholars _ have attended the Schools’ under the direction of the Royal In- ftitution during the laft year ; the number of thofe who are taught gratuitoufly in thofe Schools, diftinguifhing Catholics and Protes- tants, and ftating the places where the Schools are fituated, and ‘the names of the Mafters ? F 36 No. of Scholars 4 eae OED EE Masters’ Names. Place. PEATE Ha Remurhes Thomas Ansbrow, Kamouraska, 17 17 Jos. H. Ayer, St. Armand, 75 Thomas Russell, |Stanbridges . 68 J. A. Phillipon, . |St. Marie N. Beauce 26 Charles Desroches, [Cap Santé, 10 88 A. Vervais, 37 1 J. Walker, À Terrebonne, 9 17 T. Marsden, Quebec, . 179 23 James M‘Nish, . [NewCarlisle(Gaspé) Average, 50 J. A. L’Heroult, [Pointe Levi, 27 Antoine Coté, St. Thomas, 30 22 John Childs, Frampton, 47 D. T. Jones, La Chine, 5 33 Selby Burns, Three- Rivers, 15 24 Clement Cazeau, |St. Roch, 13 10 William Irvine, Coteau du Lac, . 38 W. G. Holmes, Montreal, 150 Noreport, resigrr- W Nelson, William Henry, t — | — sk previous to the : Christmas vaca- J, Whitcher, Stanstead, average] 80 EX William Power; Drummondville, 16 A. Woods, Argenteuil, * No reporit, since resigned. D. Thomas, Melbourne, , 40 J. Dewar, [Chatham, W. Baker, Dunham, No report. A. Wolff, : ABerthier, 9 12 The above is tranferibed from the Schedule tranfmitted to His Excellency the Governor in Chief, founded on the Reports of the different vifitors previous to the iflue of the Schoolmafter’s Warrants to the Ist. æ ‘November laft—~I have no means of dif- tinguifhing between the Proteftants and Roman Catholics, but the Committee will probably be enabled to judge with fufficient accuracy from the places where the fchools are fituated. ? Q. You will be able alfo to furnifh the Committee with a lift of the Members of the Royal Inftitution ? _ TRUSTEES OF THE ROYAL INSTITUTION. The Lieutenant Governor of Upper-Canada, for the, time being. The Honorable Sir F. N. Burton, Lieutenant Governor of Lower-Canada, | | if $7 The Lord Bifhop of Quebec (principal.) The Chief Juftice of Lower-Canada, for the time being. The Chief Juftice of Montreal, for the time being. The Chief Juftice of Upper-Canada, for the time being. The Speaker of the Legiflative Council of Lower-Canada. The Speaker of the Houfe of Affembly of Lower-Canada. The Revd. G. J. Mountain, D. D. Archdeacon of Quebec. The Honble, John Richardfon. eo Sy The Honble. and Revd. J. Strachan, D. D. a ene The Honble. and Revd. Chs. Stuart, D. D. Babb? a The Honble. Chs. de St. Ours. _ The Honble. John Caldyell. The Honble;: H. W. Ryland. The Honble. L. de Salaberry. The Honble. A. L. J. Duchefnay. J. Stewart, Efquire. | J.T. Tafcheresu, Efquire, an A. W. Cochran, Efquire. <3 Re Q. From your experience and knowledge of the Country, can you furnifh the Committee with any information on the general ftate of Education in the Province, the caufes of its retardment, and the means of promoting it ? | RS Toy ay EU A. This queftion divides itfelf into three heads. Firft, as to the general ftate of Education—fecondly, as to the caufes of its re- tardment—and thirdly, as to the means of promoting it, » Ist: With regard to the general ftate of Education in the Pro- vince, tho’ no one, I imagine, will difpute that it is at a very low ebb, yet I am of opinion that it has made confiderable progrefs within thefe few years, and that, it is ftill in a regular courfe of advancement.—The Schools under the Royal Inftitution are ra- pidly increafing in the Townfhips, (frefh Deeds of conveyance from this quarter being weekly tranfmitted to the Board,) and, as far as this portion of the community are concerned, I certainly — -confider the Act 41st Geo. III, Chap. 17, as fully effectual to all -the purpofes for which it was intended ; and notwithftanding - the caufes which have unfortunately operated to prevent its ha- _ ving its natural and proper effect in the Roman Catholic Parifhes, yet applications are not wanting from thefe Parifhes, under the _higheft and moft. refpectable fanction, for the eftablifhment of . fchools of Royal Foundation by virtue of the exifting Law. I have adverted to the caufes which have impeded the opera- tion of the Act 41st Geo. III, and this naturally leads. “2ndly.—To the confideration of the circumftances which have a = See 38 retarded the general progrefs of Education in the Province. In ftating my opinion upon this fubject, I beg to affure the Commit- tee, that I fhould neverfhave obtruded it wnasked, and I believe this queftion was not in the number of thofe propofed to me by the Committee when I appeared before them: As it is, I muft exprefs my clear and decided conviction (and T truft the confci- entious avowal of this conviction will not give—as it is not inten- ded to give, offence) that a principal bar to the diffufion of educa- tion, has been the oppofition of the Roman Catholic Clergy to all the meafures of the Royal Inftitution.—This opposition, OF, if the term be preferred—this non-co-operation (for the effect 1s precifely the fame) has been uniform and fyftematic, fince the time that Monfeigneur, the Roman Catholic Bifhop, declined becom- ing a Member of the Board.—The name of one Solitary curé will be found on the lift of vifitors—one or two others, in the firft inftance, readily entered upon the tafk afligned them, but they were foon made senfible of their error, and had to retrace their ftepsin the beft way they could—of the few who thought proper to notice the circular addrefled to them by the Board, the an- fwers, without ftating any specific ground of objection or com- plaint, were couched in general terms, that, under prefent cir- ‘cumftances, they muft decline taking any part in the fuperinten- dence of the fchools in queftion—the obfervations, however, of one of the Roman Catholic Clergy—a gentleman of acknowledg- ed talents, and I believe, a fincere friend to Education are wor- thy of remark, and I fhall give them in his own words—« Je me ferai un plaisir, méme un devoir d'agir en conformilé au 2e- article des reglements, que vous avez eu la bonté de me transmet- tre à ce sujet, regrettant cordialement qu'il ne soit pas en‘mon ouvoir d'accepter la commission de visiteur avant que ces régle- | | qu cs “ment soient fixés par une Loi, qui fait Pattente des ames sinccre- ment libérales, et dont, j'en suis sur, le Bureau lui même sent toute la convenance”: —— _Thefe obfervations lead to the confideration of the last branch of this queftion, as to the best means of promoting Education in the Province. Before touching upon this point, however, I beg to refer the Commitree to Documents [A. & B.] herewith transmit- ep without a fingle comment, as they fufficiently fpeak for them- elves. | | | \ 8rdly. With regard to the most eligible mode of promoting Education in this Country, I am very much at a loss what to fay, or even think. It is at all times far less difficult to point ont an re ne than to devife an adequate remedy. ‘That Protes- tants Roman Catholics of all ranks—Clergy as well as 39 _ Laity, fhould cordially unite their efforts and their talents towards the accomplifhment of fo defirable an object, is a ‘ confummation devoutly to be wifhed,” but I fear it will be agreed on all hands, that it is hardly to be expected. What then is to be done ? un- der the influence of prejudices, and fuspicions and jealoufies too deeply rooted, alas! to be eafily eradicated. What fteps are to be taken ? The queftion is difficult of solution, and it would re- quire much time and serious reflection, and much greater expe- rience and knowledge of the Country, than can _poffibly be pos- seffed by a ftranger, to give any thing like a fatisfactory answer. The Eftablifhment of another Royal Inftitution (compofed alto- her of Roman Catholics with Monfeigneur at their head) was fpoken of fome time ago, as a meafure in contemplation ; fuch a a plan, I fpeak with all diffidence, might perhaps answer as well as any other, which could be devifed. It would, at ail events, leave the general controul of Education where I conceive it always fhould be, in the hands of the Government, while the immediate superintendence would alfo be, where it ought to be, in the hands ‘of the refpective Clergy :—a fentiment, in which, notwithftanding all the new-fangled theories which are growing fast into fafhion amongft us, I feel aflured that every conscientious Churchman, whether Proteftant or Roman Catholic, will most cordially concur. It muft be evident, however, at the firft view, that even if this Plan were feafible, it is liable to many and ferious objections, a- mongft the foremoft of which, is its manifeft tendency to feparate more widely and more laftingly the Roman Catholic from the Proteftant Members of the Community ; a feparation, which can- not be too much deprecated by all, who feel, as those ought to feel, who are Heirs of the fame Heavenly hope, and fubjeéts of the fame earthly Monarch ! ; (Signed) JOSEPH LANGLY MILLS, D. D. Secretary to the Royal Inftitution. RULES AND REGULATIONS For the ScnHoots of Royaz Founparion in the Province of Lower-Canada, under the management of the Royal Inftitution. Firfi— An uniform syftem to be purfued in thefe Schools, pre- scribing, as far as poflible, the Books to be ufed, according to a lift to be made for the Schools belonging to each Church, by ' thofe Truftees of the Inftitution, respectively, who are Members -of that Church. F 40 . Secondly—The School to be under the immediate inspection of the Clergy of that Religion, which is profefied by the inhabitants of the spot—or, where the inhabitants are of amixed description, the Clergy of each Church to have the fuperintendence over. the Children of their refpective Communions. Third—A regular superintendence of the Schools, by perfons to be nominated by the Corporation, (one of whom fhall be the Clergyman of the Parifh or Townfhip, as described in the pre- ceding Rule,) who, or the major part of them, fhall conftitute a Committee, whofe duty it fhall be to report to the Corpo- ration every Six months—one month before the time of the School-Mafter’s Salary becoming due—the number and_ progress of the Scholars, the conduct of the Mafter and his compliance or ‘non-compliance with the directions of the Inftitution, together with any deficiency which may exift in the provifions made for education upon the fpot, or any irregularity in the mode of making or applying them. Thefe Vifitors fhall alfo hold a for- mal Annual Examination of the School, the refult of which Exa- mination fhall form part of the report regularly made to the In- ftitution ; and they fhall have authority to fix the hours of atten- dance—the number and duration of the Vacations, and the feveral Holidays, which it may be proper to allow—to regulate the rates of Tuition, and to name the children to be admitted gratis, and thofe whofe parents are to pay : all this being fubject to the ap- probation of the Board. | Fourth—The School-mafter to enforce a regular attendance on Public Worfhip, or where no Church is at hand, to read fuch portion of the Church Service to the Children of Proteftants, an Sundays, as may be judged expedient by the Inftitution. . Books for the Proteftant Schools.—Thofe adopted by the ¢ National Society for educating the poor, &c.” | - Books for the Roman Catholic Schools.—Inftruétion de la Jeu- neufle, le Catéchisme, Nouvelle Méthode pour apprendre à bien lire et bien écrire, par J. Palairet. ~ SuPLEMENTARY RFGuLATIONS for the Government of Schools under the management of the Royal Irffitution. PRICES, No mafter conducting a School under the Royal Inftitution, fhall be allowed to decline taking one third of the number of Pupils as free Scholars, who fhall be inftruéted in Reading, Writ- ing and the lower branches of Arithmetic, if it fhall appear that there is that proportion of children whofe parents are not able to pay. 41 N. B. This is not to be underftood to authorife the dismiffal of any actual Free Scholars from Schools eftablifhed, although they may bear a larger proportion to the whole than that {pecified above. | No mafter fhall in any cafe be allowed to charge at a higher rate than four livres (3s. 4d.) per month for education in the a- bove mentioned branches; and it fhall be within the difcretion of the vifitors to vary the rate in the fame School, according to the number of children attending who belong to the fame Fami- ly, or according to the circumftances of the Parents——The vifi- tors fhall alfo have the power of naming Scholars, who fhall con- tribute nothing except their proportion of Fuel, as well as thofe who fhall contribute in no fhape to the expenses of the School. The matter fhall be at liberty to exact the monthly payments in advance. The fuel confumed in the fchoo!-room itfelf fhall be provided by the parents. eee + cnrs ee HOURS OF ATTENDANCE AND HOLIDAYS, The hours of School attendance fhall not be lefs than five hours in each day, and the interval between morning and after- noon fchool, fhall not be lefs than one hour. The vifitors fhall have the difcretion of extending the number of hours to fix in the fummer months. There fhall not be more: than one whole Holiday in each week ; and if there isa whole Holiday, there fhall then be no half holiday, (faving and excepting the obfervation of Religious Feftivals by children belonging to à Communion in which fuch ebfervance is received.) . SUS | The fummer vacation fhall not exceed one month, nor the Chriftmas vacation one fortnight, and the time of commencing and clofing each fhall be fixed by the vifitors. _ A task of writing, or an exercife of memory, fhall be given to the children to be performed during the vacations. __List OR ROLL TO BE KEPT BY THE MASTER. The mafter fhall keep a regular Regifter of the Scholars, where- in fhall appear in the columns of a Schedule, the date of their admiffion and difcharge, the days of their attendance and of their abfence, and the time of their fucceffive continuance ia each of the claffes, into which the School may be formed. “> py 7 42 CA} Moxsteur, Vous pourrez faire favoir au Colonel Phillott, qu'il y a une place pour son fils : je vous prie de l’informer que fon enfant fera tenu d’obferver toutes les règles du Séminaire comme tous ceux qui y font, excepter qu’ilneserd nullement géné pour sa croy- ance dont il ne pourra pas cependant faire aucun acte public en se rendant aux Offices Divins que se font les quinse jours au manoir s par ce qu’alors cela généroit le règlement de la maison, il est bon d'informer ce monfieur que la penfion est de £18 15 O par an, à payer chaque quartier d’avance et dont les parents ont ufage de paffer une obligation felon les réglements de la Corporation du Séminaire. La place qui est offerte vient d’ctre vacante par la maladie incurable d’un des enfans; qui font cette année a nom- bre jufte de ce que l’on peut prendre au Séminaire. La nouriture de cette maifon est commune, mais je crois fuffifante pour les en» fans qui en général ne s’en plaignent pas. Je vous prie de me croire avec la plus haute confidération et eftime, Votre trés humble et obeis. Serviteur. : | (Signed) TJ: O: LEPROHON, Ptr. Nicolet, 6 Novembre 1824 | QUÉBEC, 8th November 1823. Dear Sir, , } I received by this morning’s Poft your favour of the 6th inftant, which I lost no time in conveying to Colonel Phillott. The prohibition, expreffed in your letter, to his Son’s being permi- ted to attend the public exercife of his Religion on Sundays, is an objection infurmountable-—But it is the only objection which has prevented the young gentleman being placed at the Seminary of Nicolet. Pray believe me to be, with respect, Your fincere hble, Servt. + | (Signed) T. TRIGGE. Revd. Mr. LEPROHON, &c. &c. 43; EBs si ts saab St. Mary’s, NEAR CHAMBLY; 17th, October, 1823. She) HoxBLeE. Sir, Another great Bar has turned up to prevent schools beir g established in the Parish. In the month of June last, [ was requested to Commence an English and French School at the village of St. Mary’s’ about nine” miles from my own place. ‘To this end Sir John Johnson subscribed and gave me a free House—This example was followed by Doctor Woods’ the Magistrate, Majot Byrne, eight Captains of the Militia, and about” sixty Canadians, who all subscribed to the amount of £35, to encou-! rage the school. Although I had a Letter of recommendation from’ His Lordship the Bishop of Philadelphia to Mr. Lajuste the Parish- Priest, he refused to subscribe, and when about thirty.of the most res- pectable men in the Parish waited on him merely for his approbation, he told them in crath, that he would have nothing to do with the school, by which means, and as these poor well-inclined. but uneducated peo- ple attend to the example of their Parish Priest, rather than judge for. themselves, they scattered as if by magic. Several of them told me that he heretofore refused administering sacrament to their children, and that he would do so, were they to send them to school.—Some of the. people, who seemed very anxious for the school, now say, that they will. not pay what they subscribed. . The Priest has even gone so far as to — make [gain ] over one man, a subscriber of mine, who is going through the Parish, in order to prevent the people from sending their children to- school. , He also tells them if they learn English, they will afterwards goto the U. States, Is it not a heart-rending grievance to me; that,. after losing nearly five months to accomplish my object here, my family, may starve, owing to the prejudiceof a Priest, whose desire it is to ine, sist on the people remaining in absolute ignorance... Notwithstanding. these unfavourable circumstances, I commenced three days ago, and I have only two pupils. In hopes that the Almighty God will exite you, and some others in power, to endeavour to make some arrangement to render myself, and others situated as I am, in some measure independent of all these difficulties. : RUE ? I have the honor to be, &c, &c. … mA 7 ee The Honble. Js. Cuthbert, Berthier. | SUN wolf iia ined We, the undernamed, certify that the facts stated in this letter are true, _ 44 and that the Priest has done all he cculdto prevent the school from be- ing established. SAS (Signed) “Wa. Woons, J. P. | (Signed) Tuos. Lemay, N. P. Captn. Mil. gr: Allowance. must, be, made for Mr. Hagan’s feelings if their be any expression in, the above Letter calculated to give offence. The Committee will not fail to remark, that his statement is confirmed by two persons of undoubted respectability. Mr. Hagan himself is a Ro- man Catholic of highly respectable character, who is personally known to the Honble, J. Richardson, Lieut. Col. Evans, and other principal persons in Montreal, in whose families he has taught with entire satisfac- tion to his employers. J. L. MILLS. eter tr eee Mr. J; Fs Perravutt, Prothonotary of the Court of King’s Bench for the District of Quebec, appeared before your Committtee and was exa- mined as follows: | . Cari you inform the Committee what is the number of Schools es- tablished in this Province ? A. Whave no Document upon which I can found an exact calculation of thie number of Schools established either in the Towns or country parts of this’ Province. What I can state with certainty is, that in the country parts of the District of Quebec, a part of which T pass through at- tending the Circuit Courts as Prothonotary, the Schools are more rare thanever # the Royal Institution for Education having within the last year'dismissed the greater part of the Masters therein who received Sa- laries from Government ; moreover those Schools were badly provided with Masters, and little attended by the Children ; the Masters being for the most part of doubtful character, and named by unknown persons, could not obtain the confidence of the’ inhabitants, and still less that of the Curates, who as the teachers of morals ought at the least to have the _ superintendence of establishments where moral and religious principles must be inculcated at the same time that children learn the first notions of'an Elementary Education. °° In truth, it is only in the Towns of the Province that a careful edu- cation can be had for children : thanks to the Seminaries of Quebec and Montreal, for males, and to the Religious Ladies of Quebec and Three- Rivers, and to the Sisters of the Congregation at Montreal, for girls. It is only lately that gratuitous Schools have been established at Quebec and Montreal, for the instruction of children whose parents are unable to pay for their instruction. Besides, those Schools cannot furnish to all the poor the instruction whereof they are in want, from the absence of pecuniary means to make the necessary buildings and pay the contingent expenses of the Schools. One ‘of the best means, in my opinion, to diffuse Education through the country, would be to establish central offices of Elemen- D ES DT RE .hltCCt—~— 45 tary Education for the present in the different Districts, who should be charged with the making establishments, as well in their respective couns try parts as towns, with an injunctionto give tothe Catholics the Rules, Books and Methcd adopted by them at Quebec, in the gratuituous School under the direction of the Society of Education. .To the Pro- testants belonging to the English Church, the Rules, Books:and Method adopted by the English Church; to the Presbyterians, the Rules,’ Books and Method adopted by them at Quebec; and in fine;:to thexchildren of different religions, the Rules, Books and Method adopted! at: Quebec; in the British and Canadian School, so as it is provided - inthe projet, which I was latterly charged with presenting to the Legislature of the Province, and as all this could not be executed without money, it would be necessary that the Legislature should provide therefor, either by asking that the Revenues of the Estates of the Order of the late-Je- suits, specially appropriated to this object, should be applied to the same, or in some other manner. IT think that three thousand pounds a year for each District would be necessary to begin with. Q.- What was the kind of education afforded by the Establishment of the Jesuits in Canada before the Conquest ? b A. There was then given in the Towns an Elementary Education, and complete courses of sciences, as well sacred as prophane, were gone threugh, After the Conquest, down to the suppression ot that Instis tution, they satisfied themselves with givioga gratuitous Elementary Education, Since that suppression, I have known no other gratuituous establishment but the Seminary at Quebec and the College at Montreal. The Seminary of Quebec was destined by its Institution for thé in- struction of those who desired to enter into Holy Orders, and until the suppression of the Order of the Jesuits they were the only persons who studied there. Ic is only since that period that the youth in general are received, à | 2 yor ci boss à ©2 7 = The Revd. Danrer Wixxre, Clergyman of the Church of Scotland and Teacher in this City, answered as follows: © 202 m1 89050) La ~Q. From your experience as a Teacher and knowledge of the coun- try, can you furnish the Committee with any information on the general state of Education in the Country, the causes of its retardment and the means of promoting it ? : A1} have been a Teacher in this City for about twenty years; from the experience and knowledge I have had, I consider that the state of Education in this Country is considerably lower than it might be. I can assign no. other cause of this, than the want’ of Parish Schools in the Country parts, and that of a University in the Province. The number of Scholars now attending my School isthirty. : To be admitted in my Schoo] they must be first able to read Engleh, The Sciences taught ate, the English Grammar, the French, Latin and Greek Languages, Arithmetic and Mathematics :—the rate of Tuition is #12 /a-year. re 46 About-the fourth or fifth part of the Scholars are Canadian boys. As faras my experience goes, I have rematked the same aptitude in the youth of this country for learning as that of the youth in Europe, having been a Teacher during five years in Scotland. 24008 Q.- What would be the beneficial effects which you would anticipate from the establishment of (a University in the Province ? | A. It would take a long time to detail all the advantages which might be expected: from the. establishment of a University in the Province 5 but it may be said generally, that there would be a more general diffusion of knowledge, a much greater number of persons fit to instruct others, and a greater ambition to excel in learning. Such a University should necessarily be endowed with Public Funds, in order to support the Pro- fessors and Teachers in all the different Arts and Sciences, as also to pro- cure Apparatus and Libraries, which could not be done by the efforts of Individuals. Q. Had your School the advantage of any support from Government ? A. My School never enjoyed any advantage of this kind, beyond that protection in which all the subjects of Government equally share. On the death of the late Mr, Tanswell, in 1819, who enjoyed a Salary for teaching classical learning, I applied to His Grace the Duke of Rich- mond, then Governor in Chief, to be allowed that Salary, but was an- swered that it was already disposed of. Q. What is the number of young gentlemen who have been educated at your School, and what ate the branches of science in which they have been taught? | | A. Tothe first part of this question I answer, that since my estab- lishment in Quebec, about a hundred or a hundred and twenty young gentlemen have left my School to enter upon their respective professions. This may therefore be considered as the number of young gentlemen educated in my School. There isa much greater number of pupils who from change of residence, change of opinion, and various other causes have discontinued their attendance, and left their education unfinished. ‘The branches of learning taught at my School are, the Latin, Greek and French Languages, Arithmetic and Mathematics. I have been ob- liged to engage in this.extraordinary multiplicity of business, on account of the want of separate Institutions and separate. Professors, where and by whom these various departments of education might be individually conducted. For the same reason I have been obliged to devote part of my time to the instruction of my pupils in various minor branches, such as Geography, History, English Grammar, and several other subjects in which Instruction cannot be had separately in this Country. The want of separate Professors for the different branches of knowledge, is one of the chief causes, in my humble opinion, which contribute to retard the pr gress of education in this Province. ‘The want of Classes and Insti- ‘tutions for conducting the subsidiary branches of Education is also se- verely felt, When a Teacher has his attention divided among such a mul- tiplicity of objects, it is impossible for him to treat of them in that inte- AT resting and zealous manner, which is calculated to kindle and keep alive an ardent love of knowledge in the youthful breast. ‘I'he present desul- tory mode of conducting education in this Country is extremely daborious to the Instructor, and far from being attended with proportionate ad- vantages to the Learner. Another evil arising from the want of any publicly authorized course of education, is, that the degree of instruction deemed necessary for any of the liberal profes.ions depends in every in- stance almost entirely on the ever varying foundation of private opinion. I say nothing here of the great disadvantages we suffer from the want of suitable apparatus for illustrating natural Philosophy, Chemistry and oth- er Sciences depending upon experiment, and without which they cannot be understood. | a: Q. Was there any, and what number of Schools in Quebec at the time of your establishing yourself there, wherein Mathematics and the Classics were taught, and what Schools of the same description now ex- ist in Quebec ? | A. Besides the Seminary, which is a permanent establishment, the Rev. Mr. Jackson taught a School of this nature at the time of my commencement. Mr. Farnham and the Rev. Mr. Spratt subsequently opened Schools of this description. At present, the most frequented School of this kind, is conducted by the Revd. Mr. Burrage. The Revd. Mr. Burrage, Master of the Royal Grammar School es- ‘tablished in Quebec, at present under the direction of the Royal Insti- tution, answered as follows : | D 103 Q. What is the number of Scholars in your School, as well Catho- lics as Protestants? | ~ &, The number of Scholars on the foundation is limited to twenty. The number of actual Scholars is about fifty, of which about eighteen ave on the foundation, There have been two or three Catholics on the foundation. Of those not on the foundation there have been a few. — - Q. Who appoints the Scholars on the foundation ? | A. They are recommended by the Royal Institution, and the Gover- nor appoints them. 2 . | Q. What is the rate of Tuition in your School: _ A: Twelve pounds a year for Classics and Mathematics, and two pounds for Writing and Arithmetic. = Q. Can you furnish the Committee with a List of your actual Scho- lars? . , A. Yes, L can furnish the Committee with a List of the whole. Q. Do the Regulations of the Royal Institution for the guvern- ment of Schools in respect to religion, apply to your School ? A. I am a Clergyman of the Church of England, and teachin my School the Catechism of that Church to the. Children who belong to the Church of England—with respect to the Catholic Children, they are left to attend the Catechism of their own Church: a rae der Fie db Y rie mnt es 25 wr ee ® 48 Quebec; 14th January 1824. Sir, In compliance with your request, I send you a List of the Scholars in the Royal Grammar School at Quebec, with a few observations that have occurred to me on the subject of Education 1n the Province. Of the causes that have retarded Education in the Province, one of the principal I consider, to be either the inability or the unwillingness of parents in general, to bear the expenses necessarily connected with it, Trifling as they are in those Parishes, in which Free Schools are estab- lished, many find them too great for their very slender incomes, whilst others from their love of money and the little idea which they have of the value and importance of Education, do not choose to incur them. A. poor man who residesat Pointe Levi called on me a few. weeks ago, who told me he had received from the Parish School Master an account of 6s. 3d., for one month’s Education of two. Children, .. The Master had his complement of free Scholars, : He said that he could not pay the money, and observed, that if his children could not be instructed gratis, they must go without. instruction. This is the case with great num- bers, I have no doubt, in the several Parishes, and how it is to be obvia- ted it is perhaps difficult to tell. It cannot be expected that the Mas- ters of the Schools, with the small Salaries which they receive, should educate gratuitously all that may be sent to them, yet it appears that if they do not educate a very considerable proportion in this way; many of the children must go without education. If the Government-cannotaf- ford-to make the Masters’ Salaries greater than they now are, the evil must continue until, from the gradual improvement and prosperity of the country, parents in general will be better able to do without such assis- tance. | Another cause of the. slow progress of Education, is, that amongst those who are well able to bear the expenses of it, there exists not a pro- per idea of its value and importance. Hence they either do not ‘send their children to School at all, or if they do, with little regard to regu- larity and punctuality in attendance. This 1 can speak from my own experience, is a matter of great moment, and seldom considered in) its true light. The want of regular and punctual attendancé must ever re- tard the progress of pupils in any School. The Master at Pointe Levi seldom has present more than half of his actual Scholars, nor is he able to enforce a more regular attendance. If the parents choose to be care- less about the education of their children, who is to make them other. wise ?. Advice may be given, and no doubt has been given in number- less instances, but it must ever remain with them to follow or to neglect that advice—whilst on this head, I may observe, that if such be the in- difference amongst parents about education, and their carelessness in send- ing children to School, it cannot be supposed that they have any very great idea of the necessity of private reading or study ; but the latter is almost as necessary as attending School. If private application in some degree be not added to the public: instructions of the ry the pro- gress of Pupils willin spite of all his efforts be very slow. In England the necessity of this is known by all and acted upon; but from the sys- tem of indulgenc: that pervades all classes of society in this Country, i too often. happens that Education is made only a secondary considera- tion ; amusements of any kind are allowed to occupy many of those hours that ought to be devoted to study, and thus the pupils are: pre- vented from receiving the full benefit which their Schools are calcula- ted to impart. | FE Yo des: Schools in the country, I should think, have been all along veryrim- perfectly supplied with Books, if so, this must have operated very ma-: terially in retarding education. Masters who have little else than a small salary to depend on are unwilling, and parents are either unwilling or un- able, to purchase the books that are necessary for their-childrens’ pro- gress; hence they depend upon any books which they may by chance have or be able at little or no expense to procure.’ But that Education may go on well, and that the Scholars may make the best use of their time, itis above all things necessary thatthe same baoks should be used throughout the School, and that each boy should have his own supply. From.a want of proper attention to this important point, the Master’s labour is very often unprofitably increased, and the pupils progress great- ly retardedii ©: (bast shit 10 odi-basque : | : It cannot be denied that before the Royal Institution was established, many persons who held Schools were incompetent to the task of In- struction, That body is now very particularim enquiring into the qua- lifications ot Applicants, and appoints none but such as bring satisfactory testimonials both as to character and competency. This mode of pro- ceeding must be attended with the happiest results te the country, and if Education should not make a quicker progress under the more favor- able circumstances that now exist, the fault will be entirely chargeable upon the people themselves. The Royal Institution is, I believe, dispo- sed to afford every facility, and such regard have they to circumstances that’ invariably where the populations: either altogether or principally French, a French Master is appointed to the Sehool. | “What T have observed, Fhave meant chiefly. to apply to Catholic Pa- rishes, but ‘there is one thing as regards them ‘not yet noticed, which perhaps will outweigh every other consideration, as a cause of the slow: progress of education in those parts of the country. Lam aware that Land your Committee shall essentially differ in opinion on this point, but as! I consider you will be pleased only as [ conscientiously deliver my + submitted to my consideration, I cannot overlook what in my estimation has:so material an effect in producing the thing complained of ; I allude to the» little encouragement that is gen to existing Schools by the : Romish Priests: in their respective Parishes ; from whatever motive irmay proceed, ] cannot help consider. ing this circumstance as the main actualimpediment to Education amongst x 50 the Catholic population, and whilst men who, from the influence whiclt they possess over their respective flocks, have so much power to enforce the education of children, shall think proper to withold their counte- nance and support from the Schools that are established in their Pa- rishes, the progress of education will unavoidably be slow, and the en- deavors of the Royal Institution to promote it in those Parishes, at least »- will be comparatively ineffectual. Could the Catholic Clergy on the contrary, be prevailed npon to give their cordial encouragement and sup- port to the Schools that exist among them, to take upon themselves the task of Visitorsas requested by the Royal Institution, to enquire occa- sionally into the progress of the Scholars, and to excite those parents that are careless to a greater attention to the education of their children ; I feel convinced that the face of things so far as regards Schools, would soon be changed, as force would then be given to the Resolutions of the Royal Institution, Education would necessarily advance, and the people become gradually more enlightened. _ I would observe further, as anoth- er very material cause in retarding education in Catholic Parishes, that the system hitherto pursued in their Schools is very defective. Some-. thing should be admitted besides learning the Catechism and singing a few Psalms. You will not, I trust, suppose that I wish to undervalue those exercises, but I wish to state that until a more liberal system shall be introduced, a system which by making the Scholars’ reading more ge- neral, shall more fully expand the powers of the mind, the information acquired will be very limited, and the man’s sphere of usefulness will be very much contracted. A system that would encourage the acquisition, of general information, would serve the cause of education much more than the confined mode now in use in Catholic Schools, as it is only by free discussion on matters of general importance that the mind of man is materially enlightened and improved. On these two last heads, it is pro-, bable that you and I differ in opinion; I can only say that in what E. have observed, I have given you my conscientious conviction and belief.. As regards Townships, I consider that education is going on in them as, fastas the peculiar-circumstances of the people will admit. In those, places there are causes operating against it, which no legislative interfe- rence could wholly remove ; it might help to obviate them a little, but in a great measure they must be left to remedy themselves... The pover- ty.of the people, their distance from each other, the difficulty of com, munication from the bad state of the roads, must operate much against a regular attendance of their children at School. New Settlers are so very poor, that as soon as their children have any strength to be of ser. vice to them, they require their assistance towards their common support. In this situation of course they can spare but little for the education of their children, although the anxiety which the Eastern Township people express for education, and the sacrifices which they make to procure it for their children, are among the most marked characteristics of that po- pulation. Under these circumstances, the Legislature perhaps might extend them some relief, but of that it must be left to their wisdom alone 61 to decide, whilst these causes continue, and continue I fear they must for a great number of years, the progress of education will necessarily be slow in the ‘Townships ; as the people shall arise into comparative wealth, and by their industry and perseverance shall have: in part overcome those obstacles, that now in frightful array oppose themselves to new Settlers, education will receive more of their attention, and as is the cus- tom in Country Parishes in England, they will willingly spare something from their own gains for the improvement of their children. Such are some of the causesthat retard education in new Settlements, very diffe- rent in most respects from those that retard it in Catholic Parishes that have been leng established. In those, the difficulties of first settlement have been long overcome ; the parents for the most part are well able, if they were but willing to bear the trifling expenses connected with the education of their children ; it must therefore be owing principally to the operation of other causes, to those which I have before mentioned, that amongst them education has progressed so slowly. Asto the best means of promoting it, I know no better methods than those which have been adopted by the Royal Institution, if the Catholic Clergy could be - prevailed upon cordially to co-operate with that Society. There is a ge- neral disinclination amongst those Gentlemen, to comply with the wishes of that Body. I have nothing to do with the motive from which it pro- _ ceeds, but that it does exist is most certain, and so long as it shall, edu- cation will make little or no progress in their Parishes. This is the more to be lamented, because the Catholic Clergy living invariably on their Cures and possessing so much influence amongst their Congregations, have it so much in their power to enforce the Resolutions of the Royal Institution. In all concerns of any public moment much must be done by individual exertions, and if those individual exertions are withheld, the resolutions of any body of men must fall far short of their just and in- tended effect. _ If the Parishes were allowed to appoint their own School- " masters, it is more than probable that the Schools would not be so well supplied as they are at present. The mode of appointing Visitors in each Parish, to superintend the general concerns of the School, isa very ex- cellent one, and if all the Gentlemen so appointed, could be prevailed up- on to act.as they are requested, complaints of the slow progress of edu- cation would gradually diminish, and the whole country, as well as the House of Assembly, would have reason to be satisfied with the exertions and proceedings of the Royal Institution. It has always appeared to . me; that Schools are too thinly scattered ; that they are not sufficiently numerous for the Country Parishes ; allowiag each Parish to be three leagues in length and several Concessions in depth, what is one School for such an extent of country > Did not the distance prevent many from attending Schools, the Master would be unable to do the duty required of him. It would therefore,. I think, be an excellent mode of encoura- ging education, to establish at proper distances two Schools in a Parish, 10 which the population and the extent seem to demand them. It. like. 52 wise appeats to me that the Salaries which are allowed to Schoolmasters are too small to support them, particularly if they have families, with that decency and independence which ought always to belong to the si- tuation. If people see Teachers in indigent circumstances, they are apt to undervalue education, seeing that it has not placed them in a situation better than their own; whereas to be so provided for as to be able to command respect from the Inhabitants, would be one great means of ex- tending their utility. : School-houses ought to be provided by the Parishes or by Govern- ment in as central situations as possible. —The Masters with the small Salaries whith they receive cannot afford any very material deduction for House Rent.—It would I think be of great service to pay particular at- tention to this point.—As the want of proper and necessary Books has been found so material a cause in retarding Education, it would be well perhaps for the House of Assembly to consider whether they could not do something for the Country in this respect. —They might order the publication of several thousand Copies of Elementary Books which should be selected as proper for Country Schools, and the distribution of them where they are most wanted, would serve the cause of Edu- cation very much.—Directions could be given to the different Masters to distribute them very cautiously, to see that proper care is taken of them, to get, in what instances they can, the publication price of the book, and once a year to transmit the money to the Secretary of the Royal Institution. I am inclined to lay particular stress on this as a matter of great moment, because the last time I examined the Scholars of the Pointe Levi School, I saw only one book of Arithmetic and one for repetitions and lessons in reading. How ten twelve or more boys could advance in their Education with such a lamentable deficiency of School-books, I cannot conceive ; and if this is the case so near ‘Town, what must it be in distant Parishes? If Parents find so much difficul- ty in paying the money which the Master is allowed to exact, they would find still more difficulty in paying the Expenses of books. This they certainly do, and in this very important point, the Legislature, if it saw proper, could be of great service to the Country. 1 would ad- vise that each Master, certainly for a Parish that is English or principal- ly so, should be obliged before he goes to his destination to attend at the National School at Quebec so long as is necessary for him to gain a correct idea of the system of Education pursued there, and that he be directed to practise it so far as he is able in his own School. In all Cha- rity Schools in England that system is used, and from its well known excellence it is not necessary here to say any thing in its praise. Sunday Schools are very excellent and useful and they might be established in all Parishes principally for the benefit and instruction of those children whose parents cannot spare them during the week. Masters of Schools in Parishes in which no Clergyman officiates, are directed by the Royal Institution to read every Sunday morning a prescribed portion of the Liturgy and a printed Sermon, a practice from which very considerable 53 benefit may be expected to result. Many other Rules have been drawn up at different times, as may be seen by a reference to their printed pa. pers, the observance of which cannot but be attended with the happiest effects, both as to the Education and the morals of the people—indeed I feel myself incapable of proposing any improvement upon the measures that have been pursued by the Royal Institution, and in what I have ob- served I must confess I see little that can come under the cognizance of the House of Assembly. I have to lament that my constant occupa- tion in the duties of my profession, and the little knowledge which I thereby have of the Country and its Establishments, make me but ill qualified to solve the questions which you were pleased to propose to me, if however any light has been thrown upon the real causes that have re- tarded what is of such essential service to the happiness and prosperity of any Country, I shall feel most happy in the reflection that you con- descended to apply to me for my opinion. | - J have the honor to be Sir, Your most obedient and humble Servant, (Signed) R. R. BURRAGE. s$ Re L. Lacveux, Esquire, Chairman of the Committee for Education, 54 A List 6f Scholars in the Royal Grammar School at Quebec. January 1824. Tyrose wuo Pay. Mast. Henry Sewell, James Sewell, Montague Sewell, George Durnford, John Durnford, Viney Durnford, Richard Hale, William Hale, George Hale, John Atkins, George Harvey, John Harvey, Edwd. Montizambert, Chs. Montizambert, Geo. Montizambert, Geo. Vanfelson, Antoine Vanfelson, Richd. East, Henry Symes, Wm.. Darling, Richd. Reid, Chs. Smith, Maurice Chaplin, James Franklin, John Satterthwaite, Fredk. Snelling, Winckworth remain, Stott Wilson, Henry Blackstone, Henry Brehaut, Geo. M‘Donald, Geo. Grassett. On THE FOUNDATION. Wm. Marsden, John Maxham, William Aylwin, Chs. Aylwin, Edwd. Poston, Richd. Henderson, Geo. Dickinson, Michl. Pearson, Joseph Brent, James Dick, Since the Establishment of the School in 1816, there have been 11 Catholics in it including four who are at present Pupils The two Sons of Mr. Vanfelson, M‘Namara and Vaniere. (Signed) 19:h January 1824, George Allsopp, Jams. M‘Donald, John Von Exter, Johu Birch, George Coulson, Alexander Finch, Munro Ross, — M'Narmara, == Grasett, — Vanière. R. R. BURRAGE, 55 EE a ae a a a a - Mr. Jean Baptiste Corsin, appeared before your Committee and gave the following information. I bave during eighteen years kept a Public School at Quebec—I had upon an average annuaily thirty-six Scholars of whom few were Pro- testants— I have ceased to keep School since 1816, perceiving that from want’ of means the Parents of the children who came to my School took them away generally after two years of tuition. I taught them to read’ and write and enough of arithmetic to enablethem to transact their own business in life ; a small number however learned the principles of English and French Grammar.—I have remarked that the youth of this Country have a great aptitude for the sciences generally, but want. of means rendered these happy. capacities of no avail, The present state of Education in this Country is very far from what it ought to be, ~ and I attribute this defect to the want of public institutions for Educa- tion. The Act of the 41st Geo. III. for the establishment of Schools of Royal Foundation, owes the smallness of its success solely to the want of confidence on the part of the Inhabitants of the Country in the Schoolmasters who have been given them, as the Inhabitants have neither the nomination of those masters nor the superintendence over their conduct and modes of instruction. I have always understood by tradition that before the conquest. of this Country there was no other public Institution for the Education of youth but that of the Jesuits. In their College at Quebec an element- ary Education was given to the youth, and the sciences in general were also taught there. This lasted until the suppression of the order. Dus ring its existence there was received at the Seminary of Quebec only that. portion of the youth which was destined for the Ecclesiastical state and those even completed their course of studies at the Jesuits College ; it is only since the suppression of the order that youth in ge- neral are admitted to the Seminary of Quebec, although the Seminary according to its institution was originally destined to teach Theology alone. | aed PEN ee PRE es acai i TiS ISIS RESTS | APPENDIX [B.] Extract of the Book B. intituled, “ Proceedings of the Com- misfioners on the Jefuits’ Eftates.” QUEBEC, 19th November 1787. At a meeting of the following Perfons nominated as Commis- sioners for inveftigating the value &c. of the Jefuits’ Eftates in the Province of Quebec, held in confequence ofan Order of Minute 56 of Council of Ist. November Inftant directed to Mr. Chandler, to ascertain the charge and Expenfe that may attend the faid Inves- tigation. PRESENT. Kenelm Chandler, Thomas Scott, John Coffin, Senr. George Lawe.* We the above mentioned Perfons nominated Commiffioners for the Jefuits’ Eftates in this Province, having taken into confide- ration the Minute of Council of Ist. November, requiring of Mr. Chandler an Eftimate of the charge and Expense attending the faid bufiness. We defire to reprefent to Mr. Chandler for the in- formation of His Excellency the Governor and Council. That fo far as we can judge the Inveftigation of the said Eftates of the Jefuits wil! be attended with very confiderable Ex- penfe, the amount of which at prefent we are unable to afcertain and can only enumerate upon what heads it will arife. viz : Surveying the Lands &c. A Clerk. Travelling Expenfes. Expenfes attending collecting Papers and examining Publie Records Law opinions—Postage and Publications. An Office for meeting to tranfact the Bufiness, and its Contin- gencies. And the faid nominated Commiffioners reprefented, that for themfelves they expect to receive the fame allowance as Is ufual- ly made to Commiflioners appointed for dividing Crown Lands in England. (Signed) K. Chandler, Jno. Coffin, Thos. Scott, Geo. Lawe. MONTREAL, 26th November 1787, At a meeting of the following Perfons nominated as Commis- sioners for inveftigating the extent, value &c. of the Jesuits’ Es- * Mr. Laschereau accepts, but is absent on his private affairs. * Mr. Descheneaux has declined on account of his ill ftate of health. | by nt 57 tates in the Province of Quebec, held in confequence of an Order of Council of the firft of November Inftant directed to Mr. Chan- dler, to ascertain the Charge and Expenfe that may attend the faid Inveftigation. PRESENT. James McGill, J. B. M. H. de Rouville, Junr. Quinfon De St. Ours. We the above mentioned Perfons nominated Commiffioners for the Jefuits’ Eftates in this Province having taken into confidera- tion the Minute of Council of firft of November, requiring of Mr. Chandler an Eftimate of the Charge and Expenfe attending the faid Bufiness. We defire to reprefent to Mr. Chandler for the information of His Excellency the Governor and Council, that fo far as we can judge the inveftigation of the faid Eftates of the Je- {uits will be attended with very confiderable Expenfe, the amount of which at prefent we are unable to ascertain, and can only enumerate upon what heads it will probably arife.—viz : Surveying the Lands &c. | A Clerk. Travelling Expenfes. | Expenfes attending collecting of Papers and examining Public Records. Law Opinions. Poftage and Publications. An Office for meeting and tranfacting the Bufiness, and its Contingencies. And the faid nominated Commiffioners reprefent that for them- felves they expect to receive the same allowance as it ufually made to Commiilioners appointed for dividing Crown Lands in England, (Signed) James McGill, J. B. M. Hertel de Rouville, Quinfon de St. Ours, (True Copy.) “WEDNESDAY, Quesec 23d. Jany. 1788. At a mecting of the Commiffioners held at Mr. Chandler’s for investigating the extent, value &c. of the Jefuits’ Eftates, Order- " tit uj » ta: 58 ed and appointed by Commiflion from His Excellency Lord Dor- -chefter, bearing date the 29th December 1787. PRESENT. Kenelm Chandler —Prefident. Thomas Scott, John Coffin, Gabriel Elzeard Taschereau, Jean Antoine Panet, George Lawe, and James McGill, Efquires. The Commiffion being read and it being moved by Mr. Patet, that a Secretary be appointed: It is unanimoufly agreed that Henry ‘Anthony Genet, be, and is hereby appointed, Secretary to the Commiffion with the allowance of five fhillings fterling per dicm commencing from this day. Mr. Panet moved, that a feparate Book be kept for entering the Proceedings of the Commiffioners. It is the opinion of the Majority of the Members, that the Book marked B. intituled, « Proceedings of the Commiffioners on the Jefuits’ Eftates,” already opened is fufficient for as much as they are confidered making part of the whole. Ordered, ‘That the Commiflion be entered. Copy oF THE sAID ComMissION. George The Third &c. Indorfement. Patent or Commiffion of inveftigation refpecting the Jefuits’ Eftates purfuant to the King’s Order in Council of the eighteenth of Auguft 1786 on Lord Amherft’s Petition. otf Del Fiat | Recorded in the Office of Enrollments at Quebec, the 7th day of January 1788, in the Third Regifter of Letters Patent and Commiflions—Folio 186. (Signed) GEO. POWNALL, | Secretary. The Commiffioners reprefented the neceflity of being provi- ded with an office, Mr. Chandler offered them a room in his houfe which was unanimoufly accepted. ‘Refolved, That a certified copy of the commiffion be {ent to the Commiflioners at Montreal, viz: Quinfon de St. Ourss and Jean Hertel de Rouville, Efquires, defiring them to attend a the uit 59 Commiffioners’ office at Quebec as foon as it may be convenient, a copy whereof was givento Mr. McGill to forward. Meffieurs Panet and ‘Tafchereau, moved to have certified co- pies of the Commiffion which was agreed to. Refolved, That aletter be wrote to the fuperior of the Jefuits in the following tenor. ci. QUEBEC, 23d January 1788, Reverend Fathers, | de ones His Majefty having been pleafed by Letters Patent under the Great Seal of the Province, bearing date the twenty ninth of cember laft, to appoint us Commiflioners for the purpofe of reporting upon the Lands and Eftates, held, poffefled and claim- ed by the order of Jefuits in this Province, conformable to the - faid Letters Patent, which Meffrs. Scott, ‘fafchereau, Panet and McGill will exhibit to you, we requeft you will be pleafed to communicate to the Commiffioners the Titles of the faid Lands and Eftates, to allow copies of them to be taken and give them any further information in your power, in order to our making a true and faithful report. . | We are most refpectfully Reverend Fathers Your most humble and most Obedient Servants (Signed,) K. Chandler, T. Scott, ~ John Coffin, G. Tafchereau, J. A. Panet, George Lawe, James McGill. Tothe Reverend Fathers, De Glapion, Superior, and other Jefuits in the Pro- vince of Quebec. | Adjourned to Saturday the 26th January at 10 o’Clock A. M. (Signed) K. Chandler, J. A. Panet, . : Thos. Scott, Geo. Lawe, John Coffin, James McGill, G. Tafchereau, I 60 SATURDAY, Quezec 26th January 1788. At a meeting of the Commiffioners held at Mr. Chandler’s a- | greeable to adjournment. PRESENT, Kenelm Chandler, Esqr. President. Gabriel E. Taschereau, ‘Thomas Scott, | Jean A. Panet, and John Coffin, George Lawe, Esquires. It being proposed by Mr. Taschereau, that the Secretary should be sworn to a faithful discharge of his duty—unanimously. agreed—and was sworn in accordingly before Thomas Scott, John - Cofin, Gabriel E. Taschereau and George Lawe, Esquires, Commiffioners of the Peace, and took the following oath :— I, Henry Anthony Genet do swear that I will faithfully dis- charge my duty as Secretary to the Commiffion for inveftigating the Lands and Eftates held and possessed by the Jesuits in the Province of Quebec, and that I will not give or suffer to be taken by others any copy or copies of the proceedings of the said com- miffioners without consent of the Board. (Signed) H. A. Genet, Secy. Sworn before us this 26th day of January 1788. Signed Thos. Scott, G. Taschereau, Jno, Coffin, Geo. Lawe. C. P. Messieurs Scott, Taschereau and Panet, reported to the Board of Commissioners, that on the 23rd Inftant, they with Mr. M ao ee = eR Eee TR +t: D Se ee |» 7 61 agreement be made with them for their fees, previous to their being employed. RSR Y Ç Unanimoufly agreed, and, that John Collins Efquire, Deputy Surveyor General and Charles Voyer Efquire, Notary, be fent for and confulted with, in order to carry the fame into execution. Mr. Collins attended the Board and reprefented that he could give no answer to what was propofed to him relative to furveying the Lands and Eftates ’till he had fpoken to His Excellency Lord Dorchefter. om 7 3 : Adjourned to Wednesday 80th Jany. 1788—10 o’Clock, A. M. (Signed) K. Chandler G. Taschereau, Thos. Scott, J. A. Panet, Jno. Coffin, Geo. Lawe, WEDNESDAY, Quesec, 30th January 1788. At a Meeting of the Commiffioners held at Mr, Chandler’s agreeable to adjournment. PRESENT : Kenelm Chandler, Efquire—Prefident. Thomas Scott, MT y John Coffin, Gabriel E. Tafchereau, Jean Ant. Panet, and George Lawe, Efquires. Mr. Charles Voyer, Notary Public, attended the Board, it was propofed to employ him in his profeffion in the bufinefs of the : Commiffion upon the following terms, he confenting thereto. First.—To attend as often as fhall be required on the Jefuits at their College, to ask and receive from them the original Titles, taking a lift thereof, to give receipts obliging himfelf to return them at a fixed period therein prefcribed, to make authentic co- pies of thofe Titles, certified in his Notarial capacity; to return them and receive others, and fo on, till the whole fhall be com- pleted ; to produce the originals with the copies to be verified by the Commiffioners before they are returned to the Jefuits. Queftion—At what rate fhall the Notary be paid for rhofe co- pies which are to be correct and wrote ? : | Four-pence currency for every hundred words, without exaéting any other Fee or payment for any attendance or trouble, refui- ting therefrom, | G62 Second—To make a Rent Roll of the Eftates of the faid Je- fuits, whether by Seigniory, Villeinage, Town or Country. The working hours during the winter fhall commence from eight o’clock in the morning till five in the evening, allowing two hours for dinner ; and during the Summer. from feven.in the morning till feven in the evening except two hours allowed for dinner.— The faid Notary. fhall work under the direction of one or more of the Commiffioners, exclufive of the hours prefcribed when the nature of the cafe may require any extraordinary work or dif- patch he fhall be obliged to perform the fame. Queftion—At what rate fhall the Notary be paid per diem without exaéting any other pay except for his diet, lodging and calesh hire, the Books for the Rent Rolls to be found him ? Ten fhillings currency per diem. (Signed) CHS. VOYER, Nre. Public. Refolved, That Mr. Tafchereau attended by Mr. Voyer, do apply at the Jefuits College to-morrow morning to receive fuch | Titles as may be obtained, in order to begin the profecution of G | the inveftigation. Adjourned to Saturday the 2d Feby 1788 at 10 o’clock, A. M. (Signed) K. Chandler, G. Tafchereaa, Thos. Scott, J..A. Panet, Jno. Coffin, Geo. Lawe, SATURDAY, Quesec, 2d Feby. 1788. At a meeting of the Commiffioners held at Mr, Chandler’s agreeable to adjournment. Prefent, Kenelm Chandler, Efquire—Prefident. Thomas Scott, | ~ John Coffin, Gabriel E. Tafchereau, Jean A. Panet, and George Lawe, Efquires. Mr. Tafchereau laid before the Board certain papers with a Book delivered to him by the Reverend Fathers the Jefuits con- taining originals and copies of part of their Titles. 63 Resolved, That the Notary be directed to take copies of the original papers, and that the applications be made by Mr. Tafche- reau to the public records, for all fuch original grants, deeds, and other papers relative to the eftates held and claimed by the Je- suits in this Province. , Resolved, That a letter be wrote to Mr. McCarthy, Surveyor at St. Thomas, requefting him to attend the Board as soon as convenient. Adjourned to Wednefday 6th Feby. 1788. A. M. (Signed) K. Chandler, G. Tafchereau, Thos. Scott, J. A. Panet, Jno. Coffin, Geo. Lawe, SATURDAY, Quesec, 9th Feby. 1788. At a Meeting of the Commiffioners held at Mr. Chandler’s, PRESENT. Kenelm Chandler, Efquire, Prefident, Thomas Scott, John Coffin, Gabriel E. ‘Tafchereau, Jean. A. Panet, George Lawe, James McGili, Quinfon De St. Ours and Jean H. De Rowville, Efgrs. The Board taking into consideration the necefsity of one, two, or more Commiflioners being constantly employed in examining the Titles which the Jefuits may think proper to communicate, and alfo to procure from the Public Records fuch Titles as they may not produce—And further to put thofe Titles in proper or- der, as alfo to prepare inftructive reports from thence in order to be from time to time laid before this Board—upon motion ;— It is refolved that two Commiffioners be named for the above purpofes, and in confequence Gabriel Elzeard Tafchereau and Thomas Scott, Efquires, are hereby nominated to carry the foregoing opinion into execution. Resolved, alfo, that if the faid Gabriel Elzeard Tafchereau and Thomas Scott, Esquires, fhould meet with. any obstacles or in- ordinary difficulties in the courfe of their examination, they re- port the fame to the President, that he may in consequence call a full Board—and that a copy of this minute be given them ac- cordingly, ... (Signed) | K. Chandler, Geo. Lawe, Thos. Scott, James McGill, Jno. Coffin, Quinfon De St. Ours, G. Tafchereau, J. B, Hertel de Rouville, J. A. Panet, . 64 THURSDAY, QuEBEc, 14th Feby. 1788. + At a Meeting of the Commissioners held at Mr. Chandler’s. PRESENT, Kenelm Chandler, Efqr. Prefident, Thomas Scott, John Coffin, Gabriel E. Tafchereau, Jean A. Panet, ? George Law, James McGill, James McGill, Quinfon de St. Ours and Jean Hertel de Rouville, Efquires. Mr. McCarthy attended the Board in conformity to the minute of the 2d instant, when it was propofed to him that fo long as he shall be employed in copying Plans and furveying in Town he fhall be paid at the rate of thirteen shillings currency per diem including his maintenance, and when employed on Seigniories in the Country to be paid at the rate of ten shillings per diem be- sides diet, lodging and Calesh hire. Stationary to be provided for him. | It is agreed that Mr. McCarthy’s time shatl commence from the 10th instant inclusive the day which he left his own houfe to attend this Board. Agreed to the foregoing propofals, (Signed) J. McCARTHY. Captain de Rouville and Monsieur de St. Ours, two of the Commiflioners from Montreal, being desirous of returning and feeing that the general arrangements for collecting and arranging titles and other papers, as alfo plans of the different pofseffions of the Jefuits within the Diftrict of Quebec being made—Mr. McGill moves that Mefsrs. De Rouville and De St. Ours be in- structed and empowered in the fame manner as Meffieurs Scott and ‘Tafchereau by minute of the 9th inftant to proceed in the the Diftrict of Montreal—for which purpofe, that the Secretary be ordered to furnifh them with a Copy of faid minute, alfo of imnute of this day touching a Surveyor with copy of this motion and refolve that may be made thereon. The above motion pañled in the affirmative. The Board taking into confideration that two of the Members are on the eve of their departure for Montreal ; that it is proper whilst all the Members are prefent to confider of the best means of measuring, and making upa Rent Roll of, the Eftates and pos- fefsions of the Jefuits, which bufinefs will probably commence ear- 65 ly in the next month—It isthe unanimous opinion of this Board that Mefsrs. Tafchereau, Scott and Lawe will be the proper per- fons to carry on that operation in the Diftri€t of Quebec, and Mefirs. McGill, De Rouville and De St. Ours in the Diftri& of Montreal. M. But as it may happen that one of the Members fhall be abfent at times; It is further agreed that any two of the then named, for. the separate Diftriéts may proceed as if the three were prefent in. their refpective Diftriéts. Mr. De St. Ours moved that: letter fimilar to that fent to the Jefuits at Quebec on the 23d of January be wrote to Père Welle. at Montreal, to. furnifh the Titles and Plans belonging to the: Je. {uit’s Eftates in that Diftri&t, and that the Letter be figned by the Prefident and Members of the Board. Agreed, and the letter wrote accordingly. (Signed) K. Chandler, Geo. Lawe, Thos. Scott, Quinson De St. Ours, Jno. Coffin, James McGiil, G.E. Tafchereau, J. B. Hertel De Rouville, - J. A. Panet, MONDAY, Quesec, 17th March 1788. At a meeting of the Commissioners held at Mr. Chandler’s. PRESENT, Kenelm Chandler, Efquire, Prefident, John Coffin, J, A. Panet, | George Lawe and G. E. Tafchereau, Efquires. Mr. Scott’s indifpofition preventing his attendance at the Board, Mr Tafchereau laid before them, the report on the objects of en- quiry committed to them, confifting of the feveral hee of the Plans, Titles, Deeds, &c. therein mentioned, in confequence of a Refolution bearing date the 9th February last. The above report being delivered in French, ordered that the fame be tranflated by a Sworn Interpreter to be employed by the Prefident. Sat | Motion by Mr: Tafthereau, == = As it is the duty of the Commifsion to afcertain the value of the Eftates lately belonging to the Jefuits, and that the Commis- fioners fhould take every means according to Law for this pur- pole, it will be proper that application fhould be made to Lord Dorchefter to isfue a Proclamation enjoining the tenants and farm- a ee — = : à — ~ a à 7 weg ee ne A a “gh owt, 2 66 ers of the Fiefs and Seigniories in the foregoing Report, to exhi- bit their Titles and Papers before a Notary in presence of two of the Commissioners who may require them. ‘The obligation of their rights, duties, charges, Seigniorial rents, for which they are accountable by the Tenure of their Lands towards the Manor of each of the above Seigniories, and ordering further to all Pro- prietors of Lands and real Eftates owing ground rents, or rents due by Mortgage, to declare the fame to the above Commifsioners when required, Refolved, upon motion, that Mefrs. Chandler, Coffin and Pa- net do wait on His Lordfhip with a letter from the Board, request- ing he will be pleafed to iflue a Proclamation to the above effect. Adjourned ’till to-morrow at 4 o’Clock, P. M. to sign the Jetter to Lord Dorchefter. (Signed) K. Chandler, ) Jno. Coffin, Geo. Lawe, J. A. Panet, G. Tafchereau, TUESDAY, Quessc, 18th March 1788. At a Meeting of the Commiffioners held at Mr. Chandler’s a- greeable to adjournment. PRESENT; Kenelm Chandler, Efquire—Prefident. John Coffin, J. A. Panet, Gabriel E. Tafchereau, and George Lawe, Efquires, Mr. Panet laid on the table the sketch of a Proclamation and propofed to write the before mentioned letter, which he conceives to be a Provifional Report to his Lordfhip. Refolved, That the fame be poftponed on account of His ~ Lordfhip’s indifpofition. (Signed) K. Chandler, Geo. Lawe, : Jno. Coffin, . G. Tafchereau, J, A. Panet, MONDAY, Quesec, 31st March 1788. At a meeting of the Commiffioners held at Mr. Chandler’s, 4 Prefent, : . Kenelm Chandler, Efguire—Prefident. _-. . ‘Thomas Scott, ' _. John Coffin, and George Lawe, Efquires, 3, | 0! celts th 8, | 67 Mr. Chandler laid before the Board thé following letter front the Commiffioners at Montreal for their confideration, and re- quefted their opinion thereon, _ | TT Montreal, 26th March 1788. Siz,—Finding the Reverend Father Welle, Jesuit, unwilling to give us the information which we confider requifite in order to the fulfilling the objects of the Commiflion, in which with you and others we are appointed to act, relative to the Property of the Jefuits in this Diftriét, in compliance with the refolution of the Comimiffioners of 9th February laft: we conceive it proper to ac- quaint you thereof, and further to fuggelt to you the meafures which to us appear neceflary to be adopted. For this purpofe it is proper we fhould mention that the Reverend Father has thought proper to refuse every paper relative to the Jefuits’ Es- tates in this Diftriét, except an authenticated copy of the original grant of the Seigniory of La Prairie, and a certificate from Mr. Braflier—that the order appears by this to have purchafed firft two and a half arpents fquare within the town in 1692, and after- -wards one arpent fquare, of the laft of which they were put in poffeffion in 1708—neither of thefe papers throwing a fuflicient light on the fubject intrufted to us, we conceive it might be pro- per to fend a Notary to require of the Reverend Father commu- nication of the Plan of the Seigniory as well as the Rent Roll, and alfo of the two contracts paffed to them on acquiring the pro- perty within the Town before mentioned, and in default of com- pliance to proteft—Y ou will on this head be good enough to fur- nifh us with the opinion of the Board, and as we do not expect in any event that the father will comply, we muft request that you procure and fend us copy. of the plan of the Seigniory of La Prairie, together with a litt of the Inhabitants upon it, which the Father tells us was given to Government when fealty and Ho- mage was rendered, by order of General Haldimand—When we fhall be provided with thefe two papers it will then be in our pow- er to proceed to the forming a Rent Roll of the Seigniory, nor can we previously proceed to that operation—With regard to the two purchafes made in the Town, we expect to meet with the Original Deeds at the Greffe of the Diftri@, amongft the notari- al papers, which from time to time have been depofited there on the demife of Notaries, but fhould we not be fuccessful in our refearches, and that application muft be made to holders of part of this Land as well as to the Censitaries of the Seigniory, on points which they may not think so anfwer, we Fatit to you the : : : : | : : ia dx ~ oe ps À : oy 3 Cea | eae _— “ NL RS REME è “ “ pe mh tos + ‘ P + ~~ — PRES CA “a ~~ ‘ 68 propriety. of advifing with Counfel whether any fteps can be a- dopted to enforce compliance. We have the honor to be, Sir, Your moft obedient and humble fervants, JAMES M«GILL, | J. B. HERTEL DE ROUVILLE, QUINSON DE ST. OURS. Unanimously agreed, that Meffrs. Chandler and Coffin do wait _ on the Chief Juftice with the faid letter, requefting his advice on the fubjeét, and he having been pleafed to comply therewith :— Refolved, That the following letter be wrote to the Commifli- oners at Montreal in anfwer to theirs of the 26th. | as QUEBEC, 3ist March 1788. GENTLEMEN, In consequence of your favor of the 26th addressed to Mr. Chandler, representing the obstructions you had met with in the prosecution of the Commission relative to the Jesuits? Estates in your District, we beg leave toacquaint you that Messrs,. Chandler and Coffin waited on the Chief Justices who has pleased to furnish them with his opinion, that a letter couched in the most polite terms, should be wrote by you to the Reverend Father Welle, expressing the communication you require, and sent by a Notary, allowing a proper time for his answer, which when obtained and forwarded to us, should any difficulty then appear, it will be represented to Lord Dorchester who will most probably take the necessary steps to remove it, or any other that may hereafter arise, We have the honor to be; Gentlemen, Your most obedient and humbler Servants; K. Chandler, Thos. Scott, | Jobn Coffin, ” {Signed) K. Chandler, Geo. Lawe. Thos. Scott, Jno. Coffin, J. A. Panet, ; Geo, Lawe. 7 9 69 - WEDNESDAY, Quesec, 2nd April 1788. Ata Meeting of the Commissioners held at Mr. Chandler's. PRESENT, Kenelm Chandler, Esquire, President, Thomas Scott, John Coffin, J. À. Panet, and George Lawe, Esquires. Mr. Chandler moved, that the objects of enquiry stated in the Com- mission be carried on without delay. The Board are of opinion that the business cannot be proceéded on any further till the Commissioners at Montreal have answered their Letter of the 31st March. Mr. Panet moved that the provisional report proposed by him in the minute of the 18th uhimo be wrote to Lord Dorchester, it being ne- cessary to proceed immediately to the Rent Rolls :-~unanimously agreed to postpone the above till an answer is received from Montreal to the Board’s letter of the 31st March. (Signed) K. Chandler, J. A. Panet, Thos. Scott, Geo. Lawe. Jno. Coffin, se WEDNESDAY, Quesec, 16th April, 1788. At a Meeting of the Commissioners held at Mr. Chandler’s, PRESENT. | Kenelm Chandler, Esquire, President. G. E. Taschereau, Thos. Scott, J A. Panet, John Coffin, Esquires. - Geo. Lawe, Esqrs, Mr. Chandler laid before the Board the English Translation of the Report given in by Messrs. Scott and Taschereav on the 17th ultimo. Read with some remarks thereon, for further explanation. The ‘Protest received from the Commissioners at Montreal ordered to lie on the Table for consideration. eK | | Adjourned till to-morrow at 10 o’Clock, A. M. | (Signed) K. Chandler, … G. Taschereau, Thos. Scott, J. A. Panet, John. Coffin, Geo. Lawe. ; : : PUR | * ‘ ee 4 sods ee : wg ] aot Pu à à É > a” + JL ‘ = + he —- + or nv 70 THURSDAY, Que, 17th April, 1788. Ata Meeting of the Commissioners held at Mr. Chandler’s agreable to adjournment. PRESENT. Kenelm Chandler, Esquire, President. G. E. Taschereau, Thomas Scott, Jean A. Panet and John Coffin, Esqrs. George Lawe, Esqrs. The Protest from the Commissioners at Montreal being read and ordered to be entered, and also the Chief Justice’s note, Mr. Panet re- newed his motion of the 2nd April and offered the following motives for requesting a Proclamation. MorTIvEs. The Commissioners for investigating the Estates possessed by the Monks called Jesuits, ground the necessity of a Proclamation in the King’s name to call the subjects toa Rent Roll. Ist. On their Commission which enjoins them to proceed without delay in due form of Law. Ond. Onthe Laws and Customs of Fiefs and immoveable properties in the Province of Quebec, established and supported by the Statutes of 14th Geo. III, chapter 83d and 88th, which grant those fiefs and properties only according to those Laws as they were in use before the Conquest. | 3rd. According to those Laws and Customs, the King only has right to cause Letters Patent for Rent Rolls to be issued and publish- ed, Vide Ferriere’s Dictionary or Introduction—Verbo Papier Terrier. 4th. Without a Proclamation equivalent to these Letters Patent the tenants will neither be held prepared nor exact in coming to declare and exhibit all their Titles, the result of which will bea great number of refusals, difficulties and delays. 5th. Since the Conquest, particularly in 1777, 1778 and 1779, &c. the Governors of this Country have published several Proclamations re- lative to Domainial Rent Rolls. Finally, the Commissioners can explain any doubts, if any there be, relating to the necessity and the model of the proposed Proclamation. re a i SES Certain Copies from the Book B. entitled Proceedings of the Com- — | missioners on the Jesuits Estates. Quegsec, }8th April 1789. At a Meeting of the Commissioners held this day at Mr. T'asche- reau’s request. Present :—Kenelm Chandler, Esquire, President, Thomas Scott, John Coffin, Gabriel E. Taschereau, Jean A. Panet, George Lawe, Esquires. 74 Messrs. Taschereau and Scott report that they with Mr. De St. Ours, on mature consideration, delay the making up the Accounts as proposed at the Meeting of the Board on the 25th March, to a future period. Mr. ‘T'aschereau desires to be informed by Mr. Chandler, whether there has been any Meeting of the Commissioners since the 25th March last ? And if so, whether there were any resolutions passed authorizing the Commissioners to proceed in virtue of the Commission. in answer to Mr. Taschereau’s Motion, Mr. Chandler observes; that at the last Meeting of the Commissioners on the 25th March last, and also of several other Meetings he pressed much that some vigorous mea- sures should be taken, to put the business of the Commission in motion, which had so long languished, by an idea, kept up by Mr. Taschereau and Panet only, that nothing could be done by the Commissioners with- out a Proclamation, which he denied, as the Commission gave full autho- rity to fulfil every thing requiredto be done, to enable the Commission- ers to make a report to my Lord Dorchester, which he had reason to expect would soon be called for, He then proposed, that as Pere Ca- zot had refused to give the Land Book, as it was reported by Messrs. Taschereau and Scott, which was much wanting, that some of the Com- missioners should be sent to Three-Rivers, &c. to do the business, which then retarded and stopped him from getting forward with the Report which he had begun to make out, as Messrs. Taschereau and Panet de. clared they would go no further into the business of the Commission without the Proclamation, but observed that he might endeavour to get what information he could, as he knew his duty as well as either of these Genilemen, also that it was the duty of each Commissioner to gain every information in his power either separately or collectively. He then de- termined to try if any of the Commissioners would join him in his en- deavours to gain the necessary information required., He therefore the next morning waited on Mr. Lawe, and then on Mr. Coffin, who cheer- fully engaged to assist him in the plan he proposed, and offered to do all in their power to fulfil the intention of the Commission without any fur- ther delay. They therefore the next day joined by Mr. Scott proceed- ed on the business in town, then went to Sylleri, Belair, and Three-Ri- vers, where they gained the information requested without any difficulty and with the greatest cheerfulness from the people, and he has the plea- sure to say, that he expects to lay his Report before the Commissioners in a short time. . Mr. Taschereau requests a translation of the above, and Mr. Panet to have Communication thereof, to give their answer in writing. Mr. Panet desires to be informed, if the three Gentlemen went sepa- rately or collectively in Town, to Sylleri, Belair and Three-Rivers, to gain the information obtained at each place. ; | To which Mr. Chandler answers, that four of them went in the Town, three to Sylleri and Belair, and one to Three-Rivers. Adjourned. nat AE a De — or ae ee et SPA — . “ae ~ a ors a ” ~s 4 Le - Quesec, 23rd April 1789. Ata Meeting of the Commissioners held this day :— Kenelm Chandler, Esquire, President, Thomas: Scott, John Coffin, Gabriel E. Taschereau, Jean A. Panet, and George Lawe, Esquires. Messrs. Scott and Taschereau presented an addition to their Report, No. 3. Read and Ordered to be Translated into English. Messrs. Taschereau and Panet’s reply to Mr. Chandler’s answer to Mr. Taschereau’s Motion of the 18th April, read in the French lan- guage and ordered to be translated. Whereas by the Commission granted by His Excelleney Lord Dor- chester to us, dated the 29th December 1787, to enquire into the. Es- tates heretofore held and claimed bya certain Religious Community, known by the name of the Order of Jesuits, it is amongst other things directed, that we do enquire whether any and what claims are made by ~ the heirs of the Donors of such parts of the Lands, as were given to the said Religious Order by private persons. Mr. Chandler therefore moves, that the said Commission or such part thereof as shall be thought necessary be immediately published, in compliance with the aforesaid di- rection, and that all persons having or pretending any claim, do within a reasonable limited time inform the Commissioners thereof, and give in to them the Titles on which they found such claim or pretension, Queree, 25th April 1789. At a Meeting of the Commissioners held this day. PRESENT, Kenelm Chandler, Esquire, President, Thomas Scott, John Coffin, Gabriel E. Taschereau, Jean A. Panet, | George Lawe, Esquires. | The Translation ordered at the last Meeting being read, Mr. Chand- ler produced his observations to the replies of Messrs. Tascheréau and Panet. Ordered to be translated. | . Mr. Chandler laid before the Board a letter from Mr. Secretary Motz,-of the 24th instant, communicating Lord Dorchester’s Orders on the Report of the Committee of Council of the 22nd instant, that the Commissioners report to him thereon without delay. The same letter and Report being read :— | Resolved, That a project of a General Report be drawn up by the Members in conformity to the Order above read, to be submitted to the whole Committee present, on Tuesday next at 5 o’clock P, M. Agreed to. : 73 Quesec, 2nd May 1789. Ata Meeting of the Commissioners held this day. Be PRESENT, | head Kenelm Chandler, Esquire, President, Thomas Scott, John Coffin, | Gabriel E. Taschereau, Jean A. Panet, and | George Lawe, Esquires. | 3 Mr. Panet produced to the Board a project of a second temporary Report and Advertisement in the French language, in conformity to the Resolution of the 25th ultimo. Ordered, To be translated into English. Quesec, 7th May 1789. At a Meeting of the Commissioners held this day. PRESENT, Kenelm Chandler, Esquire, President, Thomas Scott, John Coffin, Gabriel E. Tashereau, Jean A. Panet, and George Lawe, Esquires. ? Mr. Chandler presented a project of a Report upon the enquiry of the Jesuits’? Estates, in conformity to the Commission of the 29th De- cember 1787. Read and ordered to be translated into'the French lan. guage. : Read the Translation of Mr. Panet’s second Temporary Report and Advertisement. Adjourned till called upon by the President. Quesec, 17th June 1789. At a Meeting of the Commissioners held this day, | PRESENT, Kenelm Chandler, Esquire, President, Thomas Scott, John Coffin, Gabriel E. Taschereau, Jean A. Panet, George Lawe, Esquires. The President called a Meeting of the Commissioners at the request of Messrs. Taschereau and Panet, by letter of yesterday’s date, Mr. Panet begs the President will inform the Board, if he is ready to proceed to the Report to be given in to His Excellency. To which the President answered in the affirmative, and produced the project of the Report with the Schedule of the Jesuits’ Estates, Titles, and Plans thereunto belonging, for the consideration of the Board. Mr, Chandler requests to be informed by Mr. Panet if the above 74 ~ wasthe purport for which this Board was called ? Mr. Panet answers, © That it is one of the reasons.” Mr. Taschereau moves that the Commissioners at Montreal be im- mediately invited to meet the Board at Quebec next week to examine the Report proposed by Mr. Chandler which appears to be general and contains opinions om tbe merits of the whole investigation. : Messrs. Chandler, Scott, Coffin and Lawe object to Mr. Tasche- yeau’s motion as it now stands and propose that the Report, Schedule, Books and Papers that may be thought necessary for the information of the Commissioners at Montreal, be cent up for their inspection by Mr. Lawe, in order that the Report and Schedule may be signed by them, if they should meet with their approbation, or otherwise to state their objections in writing or by personal appearance at Quebec without loss of time. | F c | Mr. Taschereau objects to the above opinion as occasioning further 2 delay and expense, but observes that all the papers concerning the inves- tigation should be sent to Montreal, and a day fixed for a general Meet- ing of the Commissioners, The President requests the opinion of the Board, whether the Sche- | dule and Titles, and the Report in its present state, should be signed and given into His Excellency immediately or not ? R° Messrs. Chandler, Scott, Coffin and Lawe are of opinion that pre- By vious to giving in the Report to His Excellency, the whole proceedings à should be signed and sent to the Commissioners at Montreal for their consideration, and signed, if approved, by them. Messrs. ‘[aschereau and Panet observe, that the Report and Schedule proposed. this day by Mr. Chandler ought not to be signed, till they have been translated, and debated by a General Assembly, and the ob- jections of the Commissioners at Montreal are known if any there be. Messrs. T'aschereau and Panet—request to be called with the other Members of the Commission, on the return of Mr. Lawe with the an- swer from the Commissioners at Montreal. Agreed, > bcs TERME oe SE PRR nS OO ET a i QUEBEC, 29th June 1789. At a meeting of the Commiffioners this day, rae PRESENT; K. Chandler, T. Scott, J. Coffin, a G. E. Taschereau, 4 | fs J. A. Panet, G. Lawe, | The Secretary requefted a meeting of the Commiffioners to de- { > { : À : o de ~ 75 termine whether he was justifiable from the nature and tenure of his Oath, in ftopping Copies from being taken out of the Office of the Commiflion made by Meffrs, Taschereau and Panet, on Sa- turday afternoon, the 27th Inftant, confifting of a Copy of the Report, dated the 17th June 1789, of the Board, Book B. from the 14th February 1788 tothe 16th April 1788, and Notes from the Schedule of the Jefuits’ Eftates. Mr. Chandler having fent for him to enquire whether he could confiftently with his Oath fuffer any Copies to be taken of the Papers belonging to the Commiffion Without the concurrence of the Board ; à Mr. Panet, requefts Mr. Genet to inform the Board if he con- fidered the 27 Pages, intitled general abftraét of the Titles of the Estates &c. which he copied, a full Copy of the Original, or Copy in part, and partly a Tranflation. Mr. Genet confiders the above 27 Pages alluded to as Copy in part and partly a Tranflation. Mefirs. Taschereau and Panet move, that all the above Papers referred to be returned to them. SA Refolved, That the Papers be returned to Mefirs. Taschereau and Panet. | Mr. Taschereau moves, that Mr, Lawe report to this Board his proceedings at Montreal. | Mr. Lawe produced a Certified Copy of a Letter wrote by him to Meffrs. McGill, De’Rouville and De St. Ours, on Saturday 20th June, together with a List of the Papers taken by him to Mon- treal, and Mr. Chandler gave in a letter, addressed to him, from the Commissioners at Montreal dated the 20th June 1789. Mr. Taschereau requefts the Secretary will inform the Board, whether he fent a Copy of the Refolution of the 17th June ins- tant to the Commiffioners at Montreal with the other Papers taken by Mr. Lawe. To which the Secretary answered he did not—Mr. Lawe one of the Commiflioners having been fent by the Board with the Pa- pers, it was deemed fufficient, as he was empowered by them to give them every information they might require. The four days being expired which Mefrs. Taschereau and Panet required to give their answer, whether they would fign the Schedule, Report and Books, to be given in to Lord Dorchefter in their prefent state, figned by Mefirs. Chandler, Scott, Coffin and Lawe, which were fent to Montreal ; the Board require: to know if they will fign the fame. Mr. Taschereeu answers that he did not engage to answer in 4 2 — Lt - f > — « TS rast 3 hs Ba —, oF eh ee ee oe Whe 7 & F . - Det 4 LIN 7 LA Le RD a a ee Ley | Ze ae EL 2 = > COTES es Y.-S ——* 76 four days, whether he would or would not fign the Report and Schedule in queftion. Mr. Panet answers, that he faid verbally, as far as he underftands _by reading Englifh writing he would endeavour in four days to examine all the Books and Papers, Report, Schedule &c. of the Commiffion, to answer whether he would fign them or file his reafons to the contrary, but the major part of the faid Papers having been detained during thofe four days by thofe who had figned the faid Report, in the examination of them Meflieurs Taschereau and Panet had not fufficient time to determine whether they would sign, or to furnifh their observations to the contrary which they propofed to lay in a few days before the Board, and before the Report and Papers be given in to Lord Dorchefter. That Mefsrs, Taschereau and Panet cannot in fo fhort time and for the above mentioned reafons, fign fo many Papers of which, feveral, especially the Schedule, have not been tranflated. And as the Commiffioners at Montreal have not been made acquainted with the proceedings and Refolutions of the 17th inftant, (June) and as they might in a fhort time have come to Quebec, Meffrs. Taschereau and Panet move, that the faid Commiflioners at Mon- treal be immediately and officially required to come to Quebec, to form a general meeting on Monday next, to determine upon the report to be given in to His Excellency without loss of time. In confequence of Mr. Lawe having been fent to Montreal with the Papers to the Commiflioners, it is not deemed neceffary to fend for thofe Gentlemen to attend the Commiffioners at Quebec. Refolved, ‘That the Report be given in to Lord Dorchefter, to-morrow morning at eleven o’Clock by Meflieurs Chandler, Coffin and Lawe. - Meffieurs Taschereau and Panet move, that they be allowed by a refolution of the Board, that a Petition which they propofe to lay on the Table ‘Tomorrow morning at nine o’Clock before the Board, addreffed to Lord Dorchefter, be annexed to the report to be given in to His Excellency, and that Meflieurs Taschereau and Panet, be admitted to aflift the Commiffioners in giving in the Report and their Petition. 3 | Rejected. | MONTREAL, 20th June 1789. SIR,. Laft night Captain Lawe arrived here with the report and o- ther Papers relative to the Bufinefs of the Jefuits’ Eftates, and 77 have been proper by an Advertifement to call upon the Public for any dormant claims there may be on the Jefuits’ Eftates ; or fince that has not been done, we fubmit to the confideration of the Commissioners, “ whether it ought not to be respectfully fug- gefted to His Excellency Lord Dorchefter”? We are fenfible of the Politeness of your intention in fending us the Report by Captain Lawe, but as Mefirs. De Rouville and De St. Ours, were prepared for the journey to Quebec, had they been called upon to attend when the Report was laid before the Board, we really regret that you did not adopt that meafure. We have the honor to be Sir, Your obdt. and most humble Servts. James McGill, (Signed) Quinson de St. Ours, J.B. M. Hertel de Rouvillé, Kenelm Chandler, Esqr. à | MONTREAL Friday Evening. GENTLEMEN, | From the reception I have met with, respecting the Papers in- trufted to my care which have been fubmitted to your inspection, T apprehend you will not fhortly come to a decifion, I hope I 78 fhall meet with your approbation in explaining the injunctions de- livered me by the Board of Commifhoners at Quebec.—By them my ftay in this place is limited, fo that I cannot venture to prolong it beyond Monday next, at 12 o’Clock, hoping that no demur would have enfued on your part, I expected to begin my journey. to-morrow morning.—I fhall however poflpone it till the time fpecified, before which, I hope you will be able finally to decide on the bufiness. (Signed) G. Lawe. Mefirs. Rouville, McGill and St. Ours WEDNESDAY Morninc, 6 o’Clock. - Dear Sir, I arrived in the night last night.—My Papers quite fafe and me in good Condition—Myfelf Ducked, Baked, Broiled, boiled, Hawed and Roafted—But as hearty and careless as ‘Tom the Devil, and ready when called on to give account of my Embafly . —have the goodness to fend for the Box of Jefuits, as I have no one to fend it up by. | Yours Truly, (Signed) G. Lawe. To K. Chandler, Esquire. | 1.— General Abftract of the Titles, 2.— General Statement of do. 3.—Title Deeds Vol. 1 2. 4,—Reports, No. 1 2, by Meffrs. Taschereau & Scott. 5.—Recapitulation of the State of Population. 6. —Report. : 7.—Aveu et Dénombrement. I do hereby acknowledge to have received from Mr. Henry Anthony Genet, Secretary to the Commiflion the above Books and Papers, contained in the foregoing Lift, being Part of the Credentials of the faid Commiflion.to be taken by me to Mon- treal, to be approved and figned by the Commiffioners, there as or- dered by the Commifhoners this day, and I do hereby bind myfelf to return the faid Books and Papers to Genet on my return to Quebec. (Signed) G. Lawe. Quebec, I7th June 1789. 79 To His Excettency, The Right Honorable Guy, Lorp Dorcnes- TER, Captain General and Governor in Chief of the Colonies of Quebec, Nova Scotia and New Brunswick, General and Commander in Chief of His Majesty’s Forces, &c. &c. &e. aig May 1T PLEASE Your LorpsuHIP, In obedience to your Lordship’s commands signified to us by Mr. Se. cretary Motz’s Letter of the 23d of October last, in which we are: in- formed, “* That a Committee of the whole Council appointed on the « 8th then instant, to report the course remaining to be taken for ful- « filling His Majesty’s Order of the 18th of August 1786, relating to « the Estates of the Order of Jesuits in this Province, having in their « Report to your Lordship of the thirteenth then instant, suggested « the utility of a digest or analysis of the contents of the Papers enu- «¢ merated in the aforementioned order of reference, to be framed by the « King’s Law servantsin this Province, allowing liberty to them to sub. & join such remarks and observations thereon, respecting both Law and « Fact, as may be officially expected from them in a due atteption to the ‘ interests of the Crown, he had your Lordship’s commands to signify & to us your desire to receive from us such-a digest or analysis of the & contents of the said Papers as is recommended by the Council, with «& such remarks and observations thereon as we may find it incumbent up. “on us to add, and further informing us, that the Clerk of the Council ‘ was instructed to give us access to all the proceedings had under the « Royal order of the 18th of August 1786 éntered in the Council « Books, as well as to all the Papers relating to this subject, which are « filed in the Council Office.”—We have the honor of reporting to your Lordship as follows. _ That in order to obtain a competent knowledge of the nature of this Business, with a view of fulfilling as far as possible the views of your Lordship and those of the Council, all centering we apprehend in the due execution of His Majesty’s said order in Council of the 18th of August 1786—we have in the course of the winter employed as much of our time as could well Le spared from our other necessary avocations and duties to goverment, in perusing and digesting the voluminous papers and proceedings which compose the objects of Analysation, as well as those remaining of Record in the Council office necessarily connected there- with, as well with the main object of the reference to the Committee of Council, and your Lordship’s present requisition to us His Majesty’s Law Servants. did: “= From these researches we are enabled now to lay before your Lord- ship an Analysis or digest of ‘the titles of the principal Estates of the late Order of Jesuits which were held as Fiefs and Seigniories, compo- sing more than 17-1Sths of their whole annual income or revenue and _ consequently forming the main object of inquiry.—The. Lands held-ia 80 Roture or in Soccage yielding a Revenue of seventy-four pounds, sev- enteen shillings and three pence Currency, out of twelve hundred and nine pounds eight shillings and three pence, the whole annual income of the Jesuits’ Estates, we did not consider to be of sufficient importance to retard our reporting upon the Seigneuries, especially as the number of Titles to the Lands in Roture will necessarily take up a time in the examination greatly dispropertioned to their value, and together with the Estates aliened retard our reporting upon the objects we have already discussed, in our observations upon which we are enabled to lay before your Lordship what principally occurs to us. / We observe that the object which His Majesty’s order in Council has in view, is the granting legally to the Right Honorable Jeffery Lord Amherst such of the Estates of the late order of Jesuits as may be le- gally given and granted by His Majesty, subject to certain reservations | and conditions therein particularly stated and others referred to your’ a} Lordship, to Report to His Majesty for His Royal consideration ; and | we are therefore the more solicitous in making our report, to give your Lordship an early opportunity of forming a Judgment upon the Estates we have analysed, that the trust reposed in your Lordship may be the better answered, and the noble Lord in whose favour the Royal Bounty | is intended may be brought nearer his object. VE The Commission issued by your Lordship with the advice of the 33 Council the 29th of December 1787, was calculated to attain the ends and information suggested as necessary by the Crown Law Officers’ in England, and required by His Majesty’s said Order in Council previous to making the Grant.—And the first Question before us appears to be, how far the’execution of that Commission has been such as to answer the ends proposed by it? The heads of inquiry will fall to be consider- ed at the same time and to be compared with the execution of the Trust as reported by the Commissioners. These were to be ascertained in due form of Law. lst. What Lands and Estates were held, possessed and claimed by the said order of Jesuits within the Province and the manner and ways by which they required the saine. 2d.— W hat parts thereof have been by them aliened and exchanged, and 3d.—— What parts and portions thereof are now vested in His Majes- ty, and may by His Majesty be legally given and granted. 4th.The nature and quality of the said Lands and the present Ti- tles by which they are possessed. 5th.—Their present value. 6th.—The nature and extent of the rights of Seigniory. -Ith.—The nature of the Tenure by which they are holden. Este. ~ -8th.—Their exact local situation. Pa s Oth.-—The state of their Culture and Population, and | = us =. 0 i0th.=-Whether any and what claims are made by the Heirs of the Donors of such parts of the Lands as were given to the said Religi« ous Order by private persons. fa Dr ase SS eee * FR RSS AJ 81 By the Commission nine gentlemen were appointed. to make this ins vestigation, or any three of them, with direction to make return thereto under their hands and Seals, and we find, that pursuant to. your Lord- ship’s order of the 24th of April last, in consequence of a Report of a Committee of the whole Council of the 22d of the same month. requi- ring Het SANS mr to Report to your Lordship:— ... . Ist. How far the Commissioners have been able to execute the Trust committed to them. | L Sos:kasts 2d. What remains to fu'fil the same. 34. What obstacles are in the way, and 3 À ot 4th. By what means they conceive the same may be removed and the intention of the Cemmission attained. Four of the nine Commissioners did upon the 17th of June following make Report under their hands and Seals, that the objects of the Commission were attained, and stated aad comprised in certain Schedules marked and numbered, as therein mentioned and forming the six first articles in the order of reference of Sth of the October, required to be.analysed by us. These we have carefully gone through particularly the two Volumes marked B. B. volumes first and second of the Title Deeds of the Jesuits’ Estates, from which and the Volume C. containing the Aveu et De- nombrement to the French Intendant in 1733, and another to Governor Haldimand in 1781, we have formed the Analysis of the Titles to the eleven Seigniories annexed to this Report, in the following manner, viz. Ist. We have taken for the Title of each separate Seigniory under articles Ist to 11th the best description to each estate, made up from the two Aveus et Dénombremens compared with the description in the Titles, and together forming such a description as we conceive may be sufficient to be inserted in a grant or conveyance. | 2d. We have made a statement of the different Titles by which these Estates were acquired by the late order of Jesuits. | 3d. And lastly we have extracted and set down the motives and consid- erations upon which these several acquisitions were attained. and held. _ And we have added our own particular observations upon each Seig- niory analysed, so that your Lordship may see the Estates acquired, the Tenure by which they are held, the several rights, privileges and ex- emptions of each, the motives or causes of the respective grants, and the considerations, reservations, and.conditions, for and upon, which they are- possessed. want This we have done in English under the best interpretation we can give of the Title Deeds or Grants, which are all in French, of the last Century, but in order to remove doubt, and save the tediousness of re- search we have added a complete abstract of the several Title Deeds in French containing all the necessary clauses, in general verbatim from the Deeds themselves. To these we have added a Recapitufation or general statement of the Revenue or Income of these several Estates in different articles of produce and money, redaced to the Currency of this Province, with a state of the Population, Culture and improvement un- A 382: ê à DRE Lt 2 lies’ emt Ieee Per x ER en y or at oe ef a we Y pre - L Zz 82 der the several heads therein mentioned, and which we have taken from the general abstracts or statements reported by the Commissioners, be- ing the only part of these other objects of analysation which we con- ceive it necessary to report, because they are chiefly made up from the Title Deeds to serve as abstracts, and from the Plans of the Estates cer- tified by sworn Surveyors contained in Book No. 3, which also forms a part of the useful and instructive Titles of these Estates as well from the Land Rolls, Aveus et Denombrements as local researches and information of the Commissioners, and consequently do not require fur- ther Analysation.—We have also added a like Recapitulation formed by the Commissioners and found in these abstracts, shewing the annual income &c. as above, of the Lands held in Roture, by which your Lord- ship will see the particular objects remaining to be analysed and their value, exclusive of their alienations, which, together, will form our next report. The Commissioners have indeed reported in what is termed.—« A General abstract of the Titles of the Estates that were of the late or- der of Jesuits’’—marked No. 2 upon the List, that the whole of these Estates are vested in. His Majesty, and may by His Majesty be legally given and granted, which it is material to attend to; and it is to be ob- . served that in their Report of the 17th of June last, they state that no claims had been made to them by the heirs of any of the Donors to any part of the Lands that were given to the said Religious Order by private persons, they further state in their said Report their having. as- certained the several objects therein mentioned by the means in part” of documents furnished them by the Jesuits, and» in further part by re- searches among the Kecords of the Province in the custody of the Clerk of Inrollments, and by other inquiries and information made and had by some of the Commissioners on the premises, all which appear to us as regular and. proper as could well be expected, and holding as we do the Title Deeds reported to be authentic, we do not hesitate, so far as we have gone, in concurring with the Commissioners, that these Seigniories are vested in His Majesty, and may consequently upon the return of the Commission be legally given and granted to the Right Honorable Jeffery Lord Amherst, his Heirs and Assigns, subject to the conditions of His Majesty’s said order in Council and with the ex. | ception, therein referred to, your Lordship’s wisdom as the King’s Go- vernor. It now becomes neceflary for us to obferve upon the other pa- pers mentioned in the order of reference of the 8th of October The firft is a letter of the 9th March 1789 from the three Mon- treal Commiffioners to the Prefident Mr. Chandler, reportin fome objects of the enquiry in the upper Countries, &c. The fe. cond isa ftate of the Income, Population, &c. of the Jefuirs’ Lands in and near Three-Rivers, taken by a Notary on the {pot in the prefence of one of the Commiffioners.—The third confifts of 83 three Reports by Mefirs. Scott & Tafchereau to the Commiflioners; which appears to have method and arrangement in them, and muft have been of very great utility —The firft containing ex- tracts of all the Titles found by them in their researches up to the 17th March 1788, with obfervations upon them ; the second containing extracts from the Titles, and a ftate of the Lands alienated or exchanged, with a recapitulation of the annual income of the whole taken from the laft Aveu et Denombrement, and a lift or ftate of all the Titles and Public Aéts to be found in the ancient records of the Province, as well as in thofe fince the con- queft regarding the Jefuits’ Eftates with obfervations thereon ; and athird containing a lift of the Tenants or (ensilaires holding of the Jefuits in the Town of Quebec, with the Rents they pay, as received from their Procureur, with a like lift of Tenants, &c in the Parifh of St. Nicholas. | We find at the end of the lift a Memorial or Petition of two of the Conmiffioners, to wit, Messrs. Panet and Tafchereau, ac- companied with a paper of obfervations by them on the proceed- ings and Report of the four Commiflioners in the nature of a representation or protest, complaining of irregularity and precipi- tation in the Bufinefs, and particularly that the Schedule, No. 2, A. and D. ought not to be confidered as the Report of the ma- jority of the nine Commiffioners, as neither they nor the three Commiffioners at Montreal could in honor approve or fign them, becaufe, fay they, they are fupported upon irregular proceedings had contrary to feveral refolutions of the nine Commiffioners, and becaufe the faid four Commiffioners employed fuch precipitation as to deprive them of neceflary papers, and render it impoffible for them or the Montreal Commiffioners to verify, examine and fign them—In proof of these advances they refer toa Book B, in- titled, « Proceedings of the Commiffioners refpecting the Ef- tates of the Jefuits,” and cite feveral particulars of which we cannot form any judgment as the Book B. is not reported, but from the natvre of their obfervations upon the Report, and Schedules fubmitted to your Lordfhip and contained in nine re- marks thereon, we are enabled to form fome judgment of the na- ture and validity of their objeétions—theie are :— | Ist. That the Report does not anfwer fully the four queftions propofed in the Report of the Committee of the whole Council on the 22d of April. ee Ass | 2d. That they, the four Commiffioners have not proceeded in due form of Law agreeable to the Commifiion. 3d. That by the Report referred to in Schedule No. 2, it is es- M . a es ~ on A À md ~"s 05 aah se ee noe ~ — - DIE, O7 iv ~f er à 7 84 tablifhed, that all the Eftates may be legally given and granted to the Right Honorable Jeffery Lord Amherfl, but they humbly as- fure your Lordfhip that that point, extremely delicate and of great importance to His Majefty’s Loyal Subjects in this Province, has never been yet propofed officially, nor debated at any meeting to which they and the Commiffioners at Montreal have been called. 4th. That the faid Report and Schedule undertakes to affure your Lordfhip that the nature and quality of the Lands is there- by ascertained, although the Commiflioners have not infpeéted or vifited them for that purpofe, and although on failing to obtain a Proclamation propofed by a former official Report of the 19th April 1788, they had rejected a propofed advertisement mention- ed in the Book B, fo that they Mefirs. Panet and T'afchereau can- not comprehend how the faid Schedule could ascertain the Ten- ure of the Lands of the Jerre Tenants without having made a Land Roll upon the fpot, and by the Titles which the Tenants are by Law obliged to exhibit for that purpofe when legally thereto required ; and that the ancient Plans and ‘Titles cannot as- certain the exact fituations of the Lands as they are at prefent poffeffed, nor their prefent ftate of culture, nor their prefent value and population. 5th. That the faid Schedule eftablifhing that no claims had been made to the Commiflioners by the Heirs of the Donors, had thefe words added only the day before : viz. « Becaufe neither the Com- miion nor any Advertifement for that purpofe had been publifh- ed.” They humbly inform Your Lordfhip, that the merits of that point had never been propofed at any Affembly where they or the Montreal Commiffioners had been called. ‘That only the day before there had been added to the Schedule No. 2, page 6th. the mention of a letter of the 17th of April then laft, re- ceived by Mr. Chandler from Pierre Paner, Efquire, giving notice of a claim, which letter they never faw amongft the Papers of the Commiffion, nor elfewhere; that the faid four Commiffioners, however well apprized of the Petition and Memorial prefented to Your Lordfhip the 19th of November 1787, by the Citizens of Quebec, have paid no attention in their Report and Schedule to that claim, which the Inhabitants of this Colony propofed to make and fupport on the firft official notice, for the execution of the foundation which they affert to have been made in their fa- vor, as well for the free exercife of their Religion as for their Education and Inftruction, agreeable to His Mott Cleriftian Majes- ty’s Diploma of the 12th of May 1678, on which Diploma the faid Inhabitants intend to eftablifh their rights, as well by the Tit- Cen. ide lan aly t aS fent alue beet thé Con bli ritst ther ly te » Pe ft, tt not of the ners, need (Zen eduk led tt jon à cit fr the? Mates A the e Tit 85 les and National Treaties cited in their Memorial, as by feveral other ways and means which they propofe to bring for ward. 6th. That the faid Report does not eftablifh or obferve upon the third point propofed by the Commiflion ; to wit: what parts and portions have been alienated or exchanged, although the Re- port of Mefsrs. Scott and Taschereau in the French language, un- der the No. 2, page firft and following pages, eftablifhes the parts and portions of thefe Eftates, formerly alienated and exchanged by the Jefuits, and that in order to be afcertained that the Jefuits, particularly fince the Conqueft, have not in virtue of their parti- cular Title to each Eftate, and the laws, ufages and cuftoms before the Conqueft or fince unto the prefent day, in confequence of the Capitulation, alienated or exchanged the whole or parts of the Eftates of which the Commiffioners are only in pofseffion of Co- pies of the ancient Tiles, it would be necefsary legally to com- mand the fubjects of His Majefty to declare formally and in writ- ing, within a fixed period, fuch as may have acquired and now poisefs the whole or any parts of the faid Eftates in this Province, and to produce the Titles and pretenfions which fuch fubjects and every of them pretend to have thereto, and which is one of the obftacles which may be removed, by the means propofea in the Draft of a Report laid before a Meeting of the Commiffioners the 2nd of May laft, which, with divers Minutes, has not been annexed to the Report, nor to the Schedule No. 2, delivered in to Your Lordfhip. 7th. ‘That the faid Report omits to obferve, that the Order of His Majefty in Council of the 18th of Auguft 1786, upon the Petition of the Right Honurable Jeffery Lord Amherft, and of which mention is made in the Indorfement on the Back of the Commiflion, has never come to the official knowledge of the Com- miffioners. 8th. They humbly obferve that the faid Report and the Sche- dules No. 2, and others thereto annexed, undertake to eftablifh that all the Lands there defignated, were theretofore held, pofsefsed and claimed in this Province, by a certain Community known un- der the name of the Order of Jefuits, without having officially fhewn the proofs, nor discovered the nature of the claims known to have been heretofore made by the said Jefuits, and without having eftablifhed the fact which is of public notoriety, to wi: that the Reverend Fathers Auguftin Louis De Glapion, Superior General of the Jefaitsin Canada, Jean Joseph Cazot, Procureur to the College of Quebec and others of their Community pos- sefs at this day, as they have done before and fince the Conqueft, all the Lands of which the Schedule No. 2, makes mention, and A nd - de a IMB. - 7 te PONS + | « Z ee = ees x PR A | ET à > = Dai x ae fl are "7 wa in, Ce ate à FER fap = =. : nb 5 À 86 of which they voluntarily exhibited to Mefsrs. Scott and Tafche- reau the Titles mentioned in their Reports Nos. 1, 2, and 3, al- ledging fimply and viva voce that thefe were the Titles of their Property, and that they were in peaceable, effective and actual ofsefion. They obferve alfo, that it is of public notoriety, that Ee different Judgments of the Courts of Juftice in this Province they have been maintained in their rights, and that to their knowledge they continue to pofsefs all the faid Lands, except a part of the College of Quebec, now occupied for the King’s Pro- vifion Store and Barracks for part of the Garrifon. 9th. They beg leave to inform Your Lordfhip that they had offered to give their obfervations in writing that morning, to be annexed to the Report and Schedules, requiring to be present with the Commiffioners named for prefenting them to Your Lord- fhip, but that thofe propofitions were rejected by the four Com- miffioners. They conclude by praying Your Lordfhip to order them an authentic Copy ot ‘he Book B. intituled, € Proceedings - of the Commiffioners relative to the Eftates of the Jefuits,” in order to afcertain the irreguia ities of which they comp'ain, the Reports Nos. 1, 2, and 3, of Mefers. Scott and Tafchereau, the Draft of a Report and Advertifement proposed by Mr. Panet 2nd of May laft, and all the Papers to which all the Refolutions refer, also two Letters of Mr. George Lawe of the 20th of June then inftant, to Mefsrs. De St. Ours and De Rouville, and finally they fubmit to Your Lordfhip’s wifdom if it would not be neceflary to order the Prefident to call a Meeting of the nine Commiffion- ers, in order to form a true and juft Report, whether provifional or final, as the majority fhall determine, to prefent officially to Your Lordfhip. Thefe obfervations or objections neceffarily lead us into fome inquiry as to their tendeney as well as their validity, and we can- not help remarking, that though a great deal is faid refpéting the Montreal Commiflioners, there is no countenance given by them to the objections, nor does it appear from the Commiffion that the whole nine Commiffioners muft neceflarily be empioyed and meet together, and report upon the bufinefs of the Commiffion, fince any three are made competent to that purpofe. ‘The three Gen- tlemen of Montreal appear to have been employed in making en- quiry and refearches in that Diftrict, and reporting fuch informa- tion as they acquired from time to time to the Commiflioners at Quebec, of thefe laft, four out of fix, including the President, af- ter a very tedious and expenfive inveftigation, agree to make a Report of the due execution of the Commiflion, from the re- fearches made by themfelves and others and the feveral Title 87 Deeds and Documents by them referred to, the other twc oppofe or object, and differences thence arising, a Report by thefe four under their hands and feals is given in to Your’ Lordfhip. Prima facie, the Report of so great a majority as four out of six, would appear reafonably fufficient and decifive, especially in a cafe where information alone is wanted, feemingly unattended with thofe ferious doubts and difficulties fuggefted by the oppo- fing Commiflioners ; but as it feems connected with the fubjeét of His Majefty’s right to thefe Eftates, and the objects of enquiry previous to the exercife of thofe rights by the granting of them, we will examine the feveral grounds of objeéttion formed by the op- pofing Commiflioners, and thereby fhew our fenfe of them, as well as the grounds upon which we form our opinion of the propriety of the proceedings of the reporting Commiffioners, and the right which we conceive His Majefty now has and may legally exercife, in making a Grant of the whole or any particular part of the Eftates, the Titles of which we have already analyzed, to whom- soever or to whatfoever ufes and purpofes His Majefty has already or may in future be pleafed to appoint and direct. And Ist. It occurs to us that the Commiffioners’ Report contains the beft poffible answer to the four points or queftions propofed in the Report of the whole Council of the 22nd of April, com- municated by Your Lordfhip to the Commiffioners, inasmuch as the ends of the Commiflion being thereby reported to be answer- ed by the full execution of the truft committed to them, nothing remained to be fulfilled, and no obftacles appearing in the way, no means were necefsary to remove them, the whole ends of the Commiffion were attained. 2nd. Nothing contrary to Law appears to us in the proceedings of the Commiffioners. 3rd. We cannot see the great delicacy and the great importance to His Majefty’s Loyal Subjects of this Province, exprefsed by the oppofing Commiflioners, or where a doubt can arife to create a debate about the Lands in queftion being vefted in his Majefty, so as to be by His Majefty legally given and granted, but we con- ceive that this delicacy and this importance arifes from their ideas of the pretenfions of certain citizens of Quebec, fubscribers _to a Petition and Memoriai delivered to your Lordfhip in No- vember 1787, and particularly mentioned by the oppofing Com- miffioners in the 5th Article of their objetions, by which the Pe- titioners afsert a right for themfelves, as Citizens, and the Inhabi- tants of the Province at large, to the whole Eftates of the Jefuits for the purpofes of Public Education, under a fuppofed Founda- tion and fubfequent Dotations for that express purpofe, to main- 88 . tain which they are ready upon the firft official advertifement 3 and it is ftated as a ground of objection that no fuch publication or advertifement of the Commiffion had been made. On this we have to obferve, that from an examination into the merits of the Citizens’ Petition and Memorial in support of it, compared with the Titles of the feveral Eftates we have hitherto analyzed, we do not find any juft, legal or well founded ground to fupport the allegations and pretenfions of the Petitioners, if they could be confidered as entitled to make the claims they do, for it nowhere appears that these Eftates were given to or accept- ed by the Jefuits for ufes and upon trufts that can fupport any claim whatever, either by the Heirs of the Donors or the Inha- bitants of the Province. The great object in the feveral Grants to the Jefuits in the laft Century, feems to have been the con- version of the Savages to Chriftianity ; moft of them are in con- fideration of paft fervices in that way, and in the great ufe they had been of in eftablifhing the Colony. None of the grants im- pofe any conditions that can give rife to a claim from any quar- à ter whatever at this day, on the contrary fome of the Titles are anxioufly explicit in freeing them from burdens that never exifted, or were meant to be impofed, and the general maxim of their in- Be) ftitution alluded to in one of the Title Deeds of the Eftate and Seigniory of Notre Dame des Anges, fhews how different were the ideas regarding them of thefe days and thofe now maintain- ed :—Poverty might be the vow of the Individual but this foci- ety was rich and powerful—its riches and its ambition, fupported by its vices as well as by its virtues, brought it to its end in France in 1762, and in Italy where it firft originated and had its centre of Union, in 1773; and though it may feem that the Eftablifh- ment and diffolution of the Society in thofe Countries was un- connected with that branch of it which was eftablifhed in this Province, prior to the Conqueft of it by the Britifh Arms, yet it will appear that the proceedings now to be had, are, and ought to be, influenced by that of thofe Countries from neceflary connec- tion. . From the earlieft period of the Settlement of the Colony it ap- pears that the Jefuits poffeffed property, at firft in the name of and as Adminiftrators to the Native Savages of the Soil, and next, in | their own name though without any legal footing or eftablifh- ment till the year 1651 in the month of July, in which year they obtained from the French King Letters Patent for their Efta- en À? hog = Spin. - — y i Ë al | blifhment in North and South America, which are analyfed under | | si: the head of General Titles and annexed to this Report, from wt which it will appear that they were allowed to poflefs Lands and | à ; | 5 ab Be ae Zz tioners who do not ftop however there, - 89 Houfes and other property for their fubfiftence upon the fame footing as they did at that time in the Kingdom of France, the Lands they had acquired were thereby confirmed to them, and they obtained the fingular privilege, rarely granted to Religious Communities, of acquiring without further permiffion other Eftates and property without limitation. Thus rendered capable of ac- quiring and holding Eftates, their grants were variously conceded — fometimes to the Revd. Fathers of the Company of Jefus gene- rally, at others to thofe of the Company eftablifhed in New Fran ce, but all evidently for the Society at large and fubject to the Rules of their Inftitution. Three of the moft confiderable Eftates granted in this way prior to the Letters Patent of July 1651 were afterwards, to wit, in 1676 explained away, for what purpofe or with what intent we cannot account, and regranted by the Inten- tendant to the Jefuits for the College at Quebec, but it does not appear to us that the Intendant had fuch power of changing the destination of any Deed, efpecially when not judicially brought before him, or of granting Lands under fuch circamftances; en the contrary, as we find contemporary Grants of Seigniories made by the Governor who was then upon the fpot, and as we do not find any of the Deeds of Explanation and Grants alluded to were confirmed by the King, they being made fubject to His Majefty’s pleafure, we are inclined to think he had no fuch au= — thority, and we have accordingly ftated in our particular obferva- tions upon thefe three Eftates what occurs in objection to thefe particular Titles. On thefe Deeds are founded in part the claims of the Peti. but form equal pretenfions to every part of the Eftates of the Jefuits, upon this broad princi- ple, that they were no more than fucceffive Adminiftrators of the Eftates fuppofed to be conveyed to them in truft, in fupport of which they cite two paflages from Charlevoix’s Hiftory of Canada, stating a Donation by the relations of a private perfon in France on his becoming a Jefuir, for the purpofe ot building a College at Quebec, and the Grant of a piece of Land by the New France Company tothe Jefuits for that purpofe. They alfo cite the vows of poverty and chaftity taken by the Members of the Order and © an Edict or Law prohibiting Donations to the Individuals of the Society, all of which, however, falls greatly fhort of the proofs requifite to fupport fo formidab le a claim as that fet up by the Petitioners, nor do we think that fuch a Petition or Claim, came at all within the sphere of the inquiry inttituted by the Commis- fion under the head of claims by the Heirs of the Donors of fuch part of the Lands as were given to the Religious Order of Jefuits go by private perfons, or that the Commissioners did wrong in con- fidering that nothing therein contained could legally prevent or hinder His Majefty from giving and granting the Eftates in ques- tion.- As matter of legal right it was their duty to confider the Petitioners pretenfions as unfounded, if they had come before them, and as matter of grace, the Petition might be fitting for your Lordfhip’s confideration, but not tor them ; the plea of want of notice feems extraordinary after all that has pañled in and out of Council upon this fubject. 4th—The objection that the Report and Schedules do not es- tablifh the nature and quality of the Lands, and that the ‘Tenure, exact fituation, ftate of culture, value and population could not be ascertained but by making a Land Roll upon the {pot and from the Titles, may in fome degree be founded, becaufe we do not find that the nature and quality of the foil has been particu- larly adverted to by the Commissioners, and we know not the courfe they may have taken to obtain information upon the other heads which are particularly reported upon. 5th—The objection to the Reports eftablishing that no claims had been made by the Heirs of the Donors of the faid Lands, ari- fing they fay from want of Advertifement, has been already no- ticed by us; and we have further to remark that nothing could be better known throughout the Province, than the proceedings respecting the Jefuits’ Eftates, which is fully proved by the Pe- tition of the Citizens of November 1787, and by the refearches continually making by the Commiffioners themieives, by the pro- ceedings had before the Council upon this bufinefs, and other cir- cumftances of public notoriety. We have alfo to obferve that the claim of Peter Panet, Efquire, alluded to in this objection, was fuch as hardly came within the {phere of inquiry, being a Mort- gage on one of the Eftates for money lent, and not a claim by the Heir of any Donor. | 6th—There appears to us an omiffion in the Report respecting the parts and portions of the Jefuits’ Eftates which were aliened or exchanged, for in fact that part of the Commiffion is equally fulfilled, and the objects alienated and exchanged with ‘Titles res- pecting the fame certified and stated in the Schedules annexed to the Report, we do not perceive the neceflity of requiring all His Majefty’s fubjects to declare whether any of them: poiffefs the whole or any part of the Eftates of the Jefuits, and to produce their Titles; we are well affured that fince the Conqueft the Je- fuits neither have alienated nor could they legally alienate any part of thefe Eftates, and we are informed in the eighth objec- tion, that it is of public notoriety that the Jefuits themfelves are 91 yet in poffeffion of the whole of their Eftates, and have been main- tained in their rights, except a part of the College, which is alfo ftated by the oppofing Commiffioners to be confiftent with their own particular knowledge, acircumftance which feems to involve inconfiftency if not contradiction. 7th—We do not know whether the oppofing Commiffioners have had official knowledge of His Majefty’s Order in Council of the 18th of Auguft 1786, nor what they mean to infer from fuch want of official knowledge, the Commiflion was their direc- tion. 8th—We can as little conceive what is meant to be inferred from this objection, if it is not that thefe two Comuniflioners mean to find fault with the ftile of the Commiffion, and the idea therein held of the non-exiftence of the Jefuits as a Body, which the other Commiffioners have very properly continued throughout their proceedings, and in their Report and Schedules therein referred to, they feem to confider the poffeffion held by the Je- fuits of the Eftates which belonged to the order, as evidence of their Civil and Political Exiftence, but neither that nor any other circumftance which has come to our knowledge will warrant fuch a conclufion. 9th—And laftly, the complaint of a refufal to receive their written obfervations to be annexed to the Report, may perhaps be accounted for from a review of the nature and tendency of thefe now given, fuppofing thofe offered to be similar, but on this fubject we will be filent for want of Information from the Commiffioners of their particular reafons for fuch their conduct. Upon the whole, the various proceedings had under the Com- miffion, and the information attained by it and now before us, confidered with a due regard to the interefts of the Crown and the fpirit of His Majefty’s Order in Council, we do not think it expedient that your Lordfhip fhould give in to the fuggeftion of the oppofing Commiflioners, by ordering Copies of a variety of voluminous papers and proceedings for the purpofe of fupporting fuch fort of objections as thefe, and referring to a meeting of the nine Commiffioners to make by a majority of the whole what they would confider a true and juft report. At the fame time we fubmit to your Lordfhip, how far it may not be neceffary to caufe to be ascertained by the Commifiioners the nature and qua- lity of the Lands in queftion, as one object of the Commiffion particularly ftated in His Majefty’s Order in Council, but not ascertained by the Report ms Schedules, though ftated in the ~< * à wale aor gah nrdoure srcpulhtuns. i Mast) + aoe ae a .., a: rt "5 ne ae —+> LT en way: veers > aig 92 Report to be fo, perhaps from the Commiffioners confidering the ftate of Culture and Improvement under the heads of Arable, Meadow and Wood Land to have been fuflicient without at- tending to the nature and quality of the {oil, or perhaps from inadvertency, as we conceive the omiffion in the Report with re- gard to the Lands alienated or exchanged to have been, both of which, however, may be very easily and fpeedily rectified and fupplied. We are led to this opinion by confidering that neither from the {pirit of His Majefty’s order in Council, nor by the Laws of the Province, that ftrictnefs and adherence to form is required in order to attain the knowledge which was required previous to making a grant—the commiflon is affimilated to fuch as are made ufe of in England for the purpofe of informing or inftructing, but to no particular proceeding known to the Laws of the Province, though there are many inftances in France of Commiffions of In- veftigation iffued by the King ad inquirandum, when eftates have fallen to the Crown and been ufurped by Individuals, the com- mon courfe of the Law eftablifhed in the Province points outa mode of feizure or fequeftration at the fuit of the Public Officer, the King’s Attorney General, and leaves all claimants to make out their rights and pretenfions in a courfe of what is called op- pofition, which is a claim regularly heard and difcufied before the Tribunals of Juftice competent to fuch queftions ; and al- though there can be no objection to the courfe adopted of in- quiring by Commiflion, yet nothing in the Law would pre- clude perfons having juft claims upon the Eftates in queftion, from availing themfelves of their rights and pretenfions, notwithftan- ding that His Majefty fhould grant away thofe Lands upon the information obtained, fuch grant being confidered always to im- ply in the French as in the Englifh Law the Salvo jure cujush- bet, but in fact there neither are nor can there be any individual claimants tothe Lands and Eftates which we have confidered— and the claim of the petitioning Citizens of Quebec in the name of the Public, however proper, as we have already obferved, for your Lordfhip’s confideration and the grace of the Crown, under the exception or refervation referred to Your Lordfhip’s wifdom and to be fubmitted to His Majeftys cannot be confidered in the light of a legal or regular claim to obftruct the right, which is ves- ted in His Majefty as the father of his people and only reprefen- tative of the Public in this Province, from difpofing of thefe Eftates as to His Majefty in His Royal wifdom may feem fit. We have already obferved the footing upon which the order of Jefuits held their Eftates in the Province under the Letters Pa- ‘a Judicial, and not in a Legiflative Capacity, © 93 tent of July 1651, to be the fame as that on which they held Eftates in the Kingdom of France. It was not however until the year 1658 that thefe Letters Patent were enregiftered in the Par- liament of Paris, which, ever jealous of this Society and its influ- ence with the Sovereign, was careful in the act of regiftration to exprefs the condition of their Eftablifhment ; hence may be feen the application which may be made of the proceedings in France in the years 1761 and 1762 to the Jefuits of this Province. The nature of their Inftitution prevented them individually from ta- king any thing under the Capitulation of all Canada, and to their ‘Society, under one head and abfolute Governor domiciled at Rome, nothing was granted or could be legally or reafonably fuppofed to be conveyed, but even that head, and with it, the whole Society, wherefoever difperfed, was finally diffolved and fuppreffed in the year 1773, fo that the exiftence of the very few Members of the Order in this Province can in no fhape be con- fidered as forming a body politic or corporate, capable of any of the powers inherent in and enjoyed by Communities. — | In this fituation we do not even need to call in the aid of the proceedings in France, againft the Jefuits there, to eftablith His Majefty’s Rights— As a derelict or vacant Eftate His Majetty be- ‘came vefted in it by the cleareft of Titles, if the Right of Conqueft alone was not fufficient, but even upon the footing of the pro- ceedings in France and the Judicial Acts of the Sovereign Tri- bunals in that Country, the Eftates in this Province would natu- rally fall to His Majefty and be fubjected to his unlimited dispo- fal; for by thofe decifions it was eftablifhed upon good, legat and conftitutional grounds, that from the nature of the firft Eftablith- ment or admiffion of the Society into France being conditional, temporary and probational, they were at all times liable to ex- pulfion, and having never complied with, but rejected the terms of their admiffion, they were not even entitled to the name of a Society ; wherefore, and by reafon of the abufes and destructive principles of their Inftitution, they were ftript of their property and poffeflions, which they were ordered to quit upon ten days notice, after having been compelled to give in a full ftate of all they had, with the feveral Title Deeds and Documents or Proofs in fupport of it. Sequeftrators or Guardians were appointed to the management of their Eftates and in a courfe of time and with a regularity proportioned to their importance, provifion was made for the application of them in the various ways that Law, Reafon, Juftice and Policy dictated, and all this was done at the fuit of the Crown Officer by the Courts of France, as we apprehend in a AE Te em NS on Sa 7 a PN ee eed #: et pre bé 2 + 94 Itis therefore, as well tor thefe as for other reafons peculiar to the fituation of the Jefuits in this Province, that we are inclined to differ in opinion with the Honorable Members who compofed the Committee of Council who reported to your Lordfhip on the 21st. of October 1788, that a Law or Ordinance of the Provincial - Legiflature was neceflary to effect His Majefty’s Moft Gracious intentions towards Lord Amherft and His Majesty’s benevolent Bounty to the Public, by declaring His Royal Will and Pleafure as to the fuppreflion and Diffolution of the Order of Jefuits and the annexation of their Rights, Properties, and Pofleffions to the Crown for fuch purpofes as His Majefty may think proper to di- rect and appoint. The Grounds upon which the Honorable Members of the Committee adopted thefe fentiments and opinions, to wit, the contemplating the poffeffion retained by the Jefuits under the fanction and eye of the Government, and under the divers appro- bative, if not confirmative, Acts of its Minifters, do not weigh with us, becaufe nothing, as far we know, has been done or countenanced by Government to alter or change the condition or footing upon which the Jefuits of Canada ftood at the time of Conqueft or fince. It is truethey have been fuffered to remain in poffeffion of thefe Eftates, and Governor Haldimand, in 1781, re- ceived from them an aveu et dénombrement, or declaration of the Eftates they poffeffed in the Province, but under an exprefs guard that fuch reception fhould not injure the rights of the Crown, and without receiving them to Fealty and Homage, as we find from the Papers now before us, neither of which we conceive can be confidered as approbative or confirmative Acts; nor can the Jefuits or any other perfons derive title or advantage from fuch circumftances under the prefent inquiry; on the contrary the le- nity and indulgence that has been fhewn fhould operate the o- ther way, and induce the Jefuits to look with gratitude to His Majefty for the protection they have received, and produce a ready compliance on their part with His Majefty’s wifhes, as well as the diligence of all perfons concerned in bringing this bufinefs to a conclufion. We conceive it does not need the aid of a Law to effect this purpofe, nor much difficulty legally to obtain the poffeffion of the Jefuits’ Eftates long fallento and veftedin His Majesty by every Rule of Public or Private, Civil or National, Law and Practice. If a grant is made to Lord Ambherft and his Heirs, it will be his ‘Lordfhip’s bufiness to make it effectual, or if a Poffeffion as well as Title is thought neceflary to be vefted in the Crown, there is nothing to hinder its being effected—Whatever fhould be your confideration. 95: Lordfhip’s determinations respecting the Grant to be made or the Parts to be referved of the Eftates for Public ufes, we can enter- tain no doubt about carrying the wishes of Goverament into le- gal execution under the prefent proceedings. All which nevertheless is humbly fubmitted to your Lordfhip's 8x ALEX. GRAY, Atty. Genl. (Signed) J. WILLIAMS, Solr. Genl. Quebec, 18th May 1790: [At the foot of the above Paper is the following Memorandum in the hand writing of the late Honorable J. A. Panet, Efquire.] TRANSLATION, Mr. Chandler, the twenty fifth June 1789 declared to Panet in prefence of Mefirs. Coffin, Scott and Taschereau, that he had only written a Private letter to Mr. McGill, and that he Mr. Chandler had not fent to the Commiffioners by Mr. Lawe any Copy of the Motions or Refolutions of the 17th June 1789.—Mr. Lawe faid to Panet, in prefence of Mr. Taschereau before the Barracks the 25th June 1789, at one o’Clock, that he Mr. Lawe, had left Quebec Thursday the 18th ofJune 1789, at four o’clock in the morning, and arrived at Montreal on Friday the 19th ditto at five o’Clock in the Evening.—That he left Montreal on Saturday the 20th of June at o’Clock and arrived at Quebec on Tuesday at two in the morning. Grnernat Axstract of the titles of the Estates that were of the late Order of Jesuits in the Province of Quebec. - | | ) | | Ù a Paits vested Book & Page. in His Ma-| Observations. | | jesty. Sox canta 1626 March 10th 1 eee 41637 January 15th ei 1652 January 17th pc 1646 July 24th The whole of | Céntents the Seignio. of the , ry as appears | Seigniory. CL to us. Confirmedby the | ( This Seigniory was granted to the Fathers of| French King to |Seighiory of the Company of Jesus and their successors, to be held in Mort. Norre Da- be by them held and enjoyed for ever as their main by General A sm 16 gE Des AN: 6 property in franc aleu, with all Seigniortal and Diploma 12th GesorCHAR- | eodal rights, on condition that appeals from May 1678 Artis LESBoURG. |-Motives & | the decision of the Judges whom they shall cle 1. NN . | considera- ¢ appoint over the said Seigniory, shall be to the tion. High Steward of New France or his Lieute- nant at Quebec, in considetation of the ser- vices whith they have rendered as well to the French Inhabitants as to the Indians of the : Country, which can never be sufficiently ack- | J | .{ nowledged, 97 <1 at 720 le AE OO OR aI CE LE a wnt Aneel of the Titles of the Estates that were of the late Order of Jesuits in the Province of Quebec. ptt 20 2 a D ey ib Book & Page. | ie Majesty | Observations. Statement ( 1647, April 16th ) of the ise May 15th Title.s 1667, November “+. | Contents The whole of| of the f | | the Seigniory Foi as appears to ( This Seigniory was given to the Reverend Fa us, ie of the Company of Jesus, to be held and pret by them as their property and to have | | effect in the strongest terms, so that they Confirmed by the Seigniory of should not be disturbed in any manner what- French King to be held in Mort- Rum 34 et ‘or Ane advantages and prerogatives accruing therefrom, Two Lor- ETTES. main by General Diploma, 12th May 1678, Ar- ticle 16. conformably with the grant thereof made by Motives & | the Company of New France, to wit, as a Sr. GABRI- | soever or by any person whomsoever, with al: be | | Movies considera- ¢,Seigniory and with a right to hold Courts o tions. | Justice, subject to Fealty and Homage at | each mutation of the possessor —-It was given | to the said Revd. Fathers in consideration o the great friendship which subsisted between | them and the Sieur Robert Giffard and his | wife, and to the end of recompensing the said Reverend Fathers for the acceptable divers | acts of kindness and services by them reüder | Led so the Donors. / AewEnatL ABSTRACT of the titles of the Estates that were of the late Order of Jesuits in the Province of Quebec. Book & Page. À Statement of the 1699 October 23rd Title. of the Seigniory. This Seigniory was granted toithe Revd. Fathers Je-lus, suits to hold and enjoy the same by them for ever as their property, with the same rights and privileges where- with the said Lands had been given to the Savages by contract of the company of New France dated I5th March 1651, to wit, in franc aleu with all the seig- nioral rights which the said Company of New France had or claimed to have therein, together with the rae : of fishing on the River Saint Lawrence along the front Moti ves & of the lands so \given, to the total exclusion of every considera- 4 other person not having their permission, together with i | all the meadows, grass &c. along the said River and some times_eovered with the Tide and at other times | not so—and finally with all the rights and privileges | which a Seignior can have, together with the right of su- | perior mésne and inferior jurisdiction.—In considera- | À — 66 Seigniory of SILLERY. | | | | | P a4 © -d tion of the great spiritual and temporal aid afforded by the said Revd. Fathers Jesuits to the Indians of that Country and of the enormous expense by them incur- red in supporting the Missions of the said Savages for whom they had purchased Lands in different places at a U great expense, | ene eee SO ee es Majesty. the Seigniory as appears to Contents f The whole o | | Parts vested Observations, The right of High Justice or (Haute Justice) was taken from this Seigniory by an Ordinance of Mr. Randot, In- Jtendant, dated 224 Oct. 1707. - GexerAL AgsrrACT of the Titles of the Estates that were of the late Order of Jesuits in the Province of Quebec, ee mm Observations. ‘ “ 1682 November 24th 1684 April 15th , 1710 August 28th . 1732 May 2d Statement | 1732 May 24th ofthe 4 1733 January 22d | Weis | Titles. | 1738 May 31st | O ia: 1733 February 16th Seigniory 1740 January 29th [The whole of BELAIR 1740 May 7th | of the A — 66 | or Bon- 1743 February Ist Seigniory as HOMME Contents appears to Mounrain | of the © us, | Seigniory. | . This Seigniory was bought by the Revd. Fath Motives & | the Company of Jesus with thie right of me considera- mêsne and inferior Jurisdiction and that of bunting tions 4 and fishing within the limits thereof, subject to fealty | and homage) from some of the Descendants of Guil- laume Bonhomme and other persons who had purcha- J L sed some parts thereof from other of bis Descendants. — Ec et mrecs LIRE ve ve oof chee Lente <>-« Sms te axa Lie A" FP oviecae cot 101 IGENERAL ABSTRACT of the Titles of the Estates that were of the late Order of Jesuits in the Province of Quebec. . - s IN TRE TS | | Parts vested Book & Page. Sei gniory of BATISCAN. in His Observations. Majesty. Statement ae of the $1639 March. 13th Title. N. B. The depth of this Seigniory seems to have been C erroneously stated in the original Title, but it was af ontents | torwards fixed at twenty leagues, by ‘litle under the of the Letter E.. No.3, Sema ee Intendant of | a 3: une | New France, bearing date'the 9th February 1676, an rmed b PEISNIOTY: | ais signed some time after by Mr. Dupuy, Intendant.— Conf dd the French King (See Book A. Page 82. ( FE wi Br | pe given “ pe ASIE en The whole |to be held in of the Company of Jesus settled in New France for tae f : them and their fececelors to be held as an absolute Fief of the Sei- Moi main by with right of Superior, Mésne and Inferior Jurisdiction)? tory as ap- Diploma, 12th and subject to Fealty and Homage to the said Jacques, peats to us. May 1678, Ar- Delaferté and his Heirs, according to the usages and] “le 20th customs of Fiefsin the Prevôté of Paris—subject also ticle 20t Motives to the payment of asilver cross of the value of sixty sols and corsi- 2 at the end of every twenty vears to the said Jacques De- Nines laferté and his heirs from the time that the said Lands erations. | should be cultivated.—The said Lands to be possessed by the said Fathers Jesuits, applied or assigned to the Indians or others becoming Christians, and in such man- ner as the said Fathers shall judge fit, so that the said x Lands shall not be taken out of their hands as long as { they shall think proper to hold and possess them.—'This | Seigniory was given for the love of God. RER mme ed Ne eee comm ET 44 =: oie SR “Vat i Pe -., ae ee PNR we |GeneraL Apsrract of the Titles of the Estates that were of the late Order of Jesuits in the Province of Quebec. tt ee co | Di NOR ge ee ee. ee eae ae f Parts vest- | Book & Page. , ed in His Majesty. we :’ Observations. Statement of the| 1654 October 20th Title. Contents of the Island, This Island was given and granted unto the Reve- rend Fathers of the Company of Jesus in New France to be held by them in Franc Almoigne for ever as a]The whole! Confirmed by the Island of St. Fief, with power to grant the same or such parts of it as} of the Is- |King, I2th May 1678 CHRISTOPHER. | nq otives and con-| Hey Shall think proper to Tenants, subject to Cens et Ren-lland as ap-| Artiele 25. A à 100 r sid enati baal tes, but without being themselves subject to any chargelpears to us. or condition whatsoever—In consideration of the zea) manifested, and the care taken, by the said Reverend} Fathers, and the advantage which Religion had receiv- ed from them by the conversion and instruction of the Indians, which could not be sufficiertly acknowledged. onble, Pe- tatement of the | Îter Panet, Esquire, Title. 1647 April 1st Contents of the informed Mr. Chand- Seigniory. ler by Letter of Isth This Seigniory was given and granted to the Reli- April 1789, that he Seigniory of gious Order of the Jesuits on condition that they should| The wholelwas then holder of a LAPRAIRIE DE send such persons as they should think proper to culti-lof the Sei-|Constitut on this Sei- A — ]02. LA Macpezai-| vate the Lands, and that the Donor should have a sharelgniory as |ghiory and the Jesu- NE. Motives and’ con-|in the advantages offtheir prayers and holy sacrifices.—/appearsto {its House in Mon- siderations. |And in consideration of the assistance given by the saïdlus. treal, of 20,000 livres Religious Order to the Inhabitants of New France tournois, secured by and of the dangers to which they daily exposed them- mortgage thereon selves in bringing the Savages of the Country to the Late by the late knowledge of the true God. ené Floquet Supe- rior of thelate Order of Jesuitsat Montréal 103 SES dde men ee ml : LEE rs 3 4 * aa - x \ GeneraL Apstracz of the Tiles of the Estates that were of the late Order of Jesuits in the Province of Quebec. Parts vested Book & Page. in His Ma-| Observations. jesty. ( Statement : of the 1638 March 20th Title. Contents | of the The whole Island, f the Island This Island was given to the Reiigious Order of the À f | denis and their successors for ever to feed the Cattlel®$ 2PPEars to for their House, in consideration of | their exposing|us. Motives & | their persons to the greatest possible dangers amongst the Savages in labouring to bring them tothe know- considera- 4 ledge of the true God and to a civilized life, upon the / tions. sole condition that the said Jesuits should give an aveu et denombrement to the Company of New France with \ " | a statement of the culture and amelioration of that Isl. lL : and every twenty years. . mStatement ( ofthe «1638 March 20th Title. l Contents of the A — 154 | Fief PAcHs- Fief. RIGNY in the 2 This Fief fod Saye to the Revd. Fathers Jesuits Motives to be by them enjoyed for ever as their property accord- Town of ing to the Custom of Paris.—It was given them in con- Three Rivers. and con- sideration of the spiritual and temporal aid which they sidera- < daily gave to the Savages of this Country, and of the ‘ i great care they took and the enormous expense they in- L tions. curred in supporting the Missions to the said Savages. : A unin LES Isle aux ; Ruaux. | | racr of the "L'irles of the Estates that were ef the late Order of Jesuits in the Province of Quebec. Le : LR sm Generar Assrraër of the Titles of the Estates that were of the late Order of Jesuits in the Province of Quebec. | Parts vested in His | ( _ 1634 February 15th 3 , Statement of the Tide. 1657 August 29th 475 Observations. Statement of transfers by the Jesuits to the Inha- bitants for a Common. (1648 August 15th Statement of Grants to(1650 June 9th 315 the Jesuitsin lieu of the above transfers. | remained 160 350 — 2 > : 510 x | Present contents of this 1664 August sth © Fier | Rare he Title. ( 1637 August 26th vf | near the tatement oO , À — 158, Town of l'Fhree Ri- vers. | ( These three lots of sround were given and granted to the Revd. Fathers of the Company of Jesus in com- , | [semoration of the assistance which they had given to the Company of New France in the settlement of the | Country and in consideration of there still continuing daily to expose their persons to all kinds of dangers to bring the people of New France to the knowledge of à j the true God and to civilize them to have and enjoy the Motives eee | said Land by the said Revd. Fathers of the ‘Comper : of Jesus and their Society for ever, as their property un- \ der the Title of Seigniory in Mortmain, subject only to | an acknowledgment to the Company of New France to | be made once only, .with exemption ever after from ma- | | kingit. The parts which they have had in Exchange | from those which they have given for the Common have | { bees been given unto them with the like Title of Seig- ° uiory: PA =< dr méifrinatte > 4 cn ee ner 2 pegs ont ET AES rm o sn, 7 Née A. beg Sooo SS Be Sie ND ee i ee ARE NS EE ne j GENERAL AspsTraer of the Titles of the Estates that were of the late Order of Jesuits in the Province of Quebec. i Parts vested in HA. Book & Page Lands held en franc aleu, en Roture and en arrière fief: His Majesty Observations 11626, March 10, | - Statement of Le ri FPE This Grant was con- the Titles, LA J 227 firmed by the New . RO weary LE France Company? the Transfer from The whole of |15th January 1637 ust 2 . , | ; F y ? the Nuns, By aR ae ») this Land or |10 arpents of Land | franc aleu as jnow called La Vache- These three Lots of Land being now joined together, FPPS£TS tO BS |rte confirmed by the compose the Farm La Vacherie, occupied by Mr, Lynd, French King to be A — 168 Franc aleu, called and the Lots whereupon buildings are erected on each| held in Mortmain by La Vacherie, near side of the road leading from Quebec to the General, General Diploma, Quebec. Contents, Hospital, comprized within the boundaries of this piece, 12th May 1678, Art. of ground, which have been granted away to the hold- 2 & 4. i 105 ers thereof by the Order of the late Jesuits, containing 75 acres square, according to the last Survey which has been made thereof by William Vondenvelden, The two first of these Lots were granted by the Re- verend Fathers of the Company of Jesus, to be held . and enjoyed for ever as their property, to enable them to “oie (cause to be embraced and cultivated the Catholic Reli-| : igion by the Savages of New France, who until then; tons, had no knowledge of the true Ged, and to the end that the said Revd. Fathers of the Society and Company o Jesus might always be at hand, to make use of their ac- customed piety, industry, knowledge and experience. a ETES Mi = ET a=. Bate vestedin E + PESTS ra Majesty - er Genera Anstract Titles of the titles to the Estates that were of the late Order of Jesuits in the Province of Quebec. 5 ames a ih NS ARES CNA SR En Book & Page Lands held en franc alew, en Roture et en arrière fief. ps mel “ Observations | | | | ‘ Statement of |1739, October 20. ; Title. Franc aleu roturier in the Parish of St. | Nicolas near Que- bec onthe south side A —170 of the River Saint : Lawrence, Contents, 106 rend Fathers Jesuits to be by them enjoyed in full property, together with the Cens et Rentes which shall Th : be due by the Tenants from the date of the convey- or 35 Ne | ance, and all the rights which belong to the said Se- minary without reserve, in consideration of the said Cession by the Jesuits made of all their rights and claims in the Island Jesus to the said Seminary. Motives and considera- This Lot of Land was conveyed to the said Reve- tions. | L - DU, M PAT RAS AVES) CRT RE aaa Pinal a a PE ne wee 2e = Pur 5 ; : 4 = ages En GGT STI od. + . Mee er ee Book & Page 107 we. Lez - Pawce GENERAL Apstracy of the Titles of the Estates that were of the late Order of Jesuits in the Province of Quebec. Parts vested in His Majesty. Observations. Lands held en franc aleu, en Roture et en arrière fief. : * « .||Land en roture, at |Statement of 1648, August 1. ‘Point Levy, in the |Title. 174 |Seignioryof Lauzon|Contents. on the south side of It was given on condition that the said Fathers o the River St. Law- the Company of Jesus would cause it to be cleared and cultivated, and that the Jesuits should hold it in Motives and rence, opposite Sted “one hig conemers- simple Roture and subject to such other conditions as sig as ap- sim the Company of New France should think proper to P ‘ impose, Land held in Frane!Statement of! 174 |Almoigne and pure | Title. roture joining the Contents. above, This Lot of Land was given to the Reverend Fa- onfirmed by the on C thers of the Company of Jesus, to be held in 7° rane The whole as ap-| fy. ench King tobe Ay Motives and Almoigne and simple Roture, without any other con- ; Y considera- dition than that of clearing the Lands and furnishing P°2"S Bie held in Mortmain by Wr ery sas tions. < the necessary Highways, in consideration that the General Diploma 12th said Reverend Fathers of the Company of Jesus have May 1678, Art. 13, 14, evinced their desire to make every effort for providing 15: Spiritual assistance to the Inhabitants of the said Sei- Arrière Fief at Ugniory. 174 |Pointe Levy joining Statement of 1653, November 15. the preceding. Title. Contents. This Land was conveyed to the Reverend Fathers, | to be by them and their successors held for ever in! The wholeas ap- Motives andj | Mortmain, with all the rights which the said Seigiior pears to us, considera- < bad therein, except that of holding Courts of Justice, tions. for and in consideration of the sum of One Thousand Livres then paid by the said Revd. Father Francois de Mercier to the said Mr. De Lauzon. ' . Land en Roture joining the rear of - the two preceding at|Statement of|1676, January 20. . ‘ Pointe Levy. Title. | 174 sew =. ee revenue «on nn ete een cn mn“ ~~ «nw oe <-« — ae eee Lee fiirsetaieimetetuite pm ss = -rièdre ics. +. are arr St ¢ Tands held en franc alewm, en Ratruwure ©* — ee > ee \Parts vested in Observations RE - ae Generat Axzstract of theTitles of the Estates that were of the late Order of Jesuits inthe Province of Quebec. a a a TID | ‘ on Parts vested in Book & Page Lands held in en franc aleus en Roture et en arrière fief. His Majesty. Observations. Do La ET cca RM RES . tt re ( This Land was given to the Revd. Father Da. blon, to be holden by him and his Successors and As- signs for ever, paying annually cleven sols as rent and eleven farthings as cews to the proprietor of the said Fief, and on condition of sending all the grain coming from the said Land, to be ground atthe Banal Mill of the said Seigniory when there shall be one, and pay the toll thereof. At the foot of this Contract ap- , Land en Koture pears another Contract passed before the same Nota- AIDE the sl ss ry, dated 29th September 1676, between the said Mr. the two preceding at de la Martinière, as Tutor of the Minors Lauzon, on Confirmed by the Point Levi. the one part, and the Revd. Father William Mathieu, : French King to be Motives and] | Priest of the said Religious Order of the Jesuits, and ‘The whole as ap-jheld in Mortmain by consid era | 2 Agent for the temporal affairs of.the Missions of the |Pears to us. General Diploma tions. Company of Jesus of the Coliege of Quebec, import- 12th May 1678, Art. ing that although it be stated in the preceding Con- 27 tract that the said K'athers Jesuits werebound and ob- liged to send all the grain, which should be raised up- on the Land then granted by Mr. de la Martinière, to the Banal Mil of the said Seigniory as above men- tioned, ‘the truth was that at that time it was under- ) stood, as it still is, that it was only in respect of such part-as should be consumed upon the said Land, and that the said Fathers of the Company of Jesus, should be at liberty to dispose of the remainder of the said grain, in such manner as they should think proper, | any other Contract notwithstanding, À — 174 108 ee me D ee Grnerat Axstract of the Titles of the Estates that were of the late Order of Jesuits in the Province of Quebec. , Book & Page A — 178 [Franc aleu en Ro- ture à Tadoussac. Lands held en franc aleu, en Rotureet en arrière fief. “lis Mae! Observations. Statement of |1656, July 1. Ch ONE ping) | ys a pane Reap | [Confirmed by the à This Ground was he to the said Revd. Fathers, French King to be Motives and to be by them, their considera- tions. for ever, without any incumbrance, in the intention of erecting a Chapel and such other buildings as they (should think necessary. “Successors and Assigns enjoyed! The whole as ape held in Mortmain by : pears to us. ‘General Diploma 12th May 1678, Art. 5. Greyerat Axsrracr of the Titles of the Estates that were of the late Order of Jesuits in the Province of Quebec. Lands vested in #7" Re a. His Majesty. | 7 Observations. The whole as ap- Six arpents only con- pears to us—viz, \firmed by the French 6 arpents 42 King to be held in perches, _ |Mortmainby General | Diploma, 12th May Book & Page }: Landsheld en Franc. aleu, en Roture et en arrière ficf. i. | ye) ge Statement of { 1637, March 18: At à PS hen Title. 1652, January 17%. | 7 | Contents. Transfer. 1646, July 24, This is the Original Concession made to the Revd. Fathers of the Company of Jesus and their Succes- A, | | | sors for ever, to hold and enjoy the same in fullpro- PRET Franc aleu I Ag Motives and | perty, to build their College, Seminary, Church, and Upper Town © | considera- Lodgings and Appurtenances, “without any other (Quebec. tions. charge than that of holding the said Ground as well as their Successors from the Company of New France, & | to comprize in the aveu et dénombrement, which they | |1678, Art. 3. are bound to furnish to the said Company of New | Lee eet ney mn 2 Ep ren fd pair SFA HSE TT SNE LEE RAT DES rs Ne FIRES CNS EOE ESTEE TE nn Se SO Ew eee «oe aR USE cu Rae VE PE RL ! | 1G j | TTT GENERAL Ass. ract Of ~ —_—_— Book & Page Lands held en Franc aleu, en Roture eben arrière fief. DRE, CPR RES CURR SVT NN | * ! f France for the other Lands, which have been hereto- Franc aleu in the A — 180 |Upper Town of Quebec. Motives and considera- tions. : 4 | fore granted by the General Assembly of the said Company of New France, the 15th January then next last past. But by the Grant to them made by Mr, De Lauzon, Governor of this Country, this Lot was given to the Revd. Fathers of the Company of Jesus, to be held in Mortmain without any other condition nor charge. ‘The motives and consideration expres- sed in this Contract are in these terms: (after having mentioned two other objects, that is to say, Charles- bourg and La Vacherie, which had been granted by the Company of New France, and which are also confirmed and granted by this Contract) twelve ar- pents for the Lot of their College. We have seen the said Grants, &c. putting into possession, boundaries fixed so far back as the 24th July 1646, and 16th July 1648, and having taken into considera- tion that the services which the said Revd. Fathers Je- suits render in the country, as well tothe French In- habitants as to the Savages, cannot be too highly ac- knowledged, having down to the present time employ- ed themselves at the risk of their lives in the conver- sion of the Savages, even contributed powerfully to the settlement of the Colony, exercising daily chari: ty, as well tothe French Inhabitants as to the Sa- vages, and moreover that by their Constitution they cannot accept any foundation which obliges them to any charges other than those, to which according to their Institution and their Vowsthey voluntarily bind themselves, and of which they acquit themselves so worthily, that it is not just: to compel them to it nor À Lcivil to stipulate it from them. Parts vested in }- His Majesty. and | The whole as ap- pears to us—viz. 6 arpents 42 perches. the Titles of the Estates that were of the late Order of Jesuits in the Province of Quebec. Observations. nn, Six arpents only con- firmed by the French King to be held in Mortmain by General Diploma, 12th May 1678, Art. 3 111 Book & Page A — 182 |Lands en Roture in| Motives and Genenat AnsrrACT of the Titlesofthe Estates that were of the late Order of Jesuits in the Province of Quebec. Lands held en Franc aleu, en Roture et en arriere fief. Statement of] 1663 February 19th Title. Contents. [ Motives and | considera- tions. On condition that the said Jesuits should pay in future the Cens and Rentes to which the said lot was and in consideration ofthe sum of one hundred Livres Turnois, which were then paid by the said Jesuits. | Statement of Title. Contents. 1664 Septr. Sd. | To be by the said Revd. Fathers Jesuits their Suc- cessors and Assigns, held and enjoyed subject to such Rents and Cens, as might thence-forward be due to uebec, ions, Q es said Widow Macart, had reeeived from the Revd. ‘ather Claude Dablon, in the presence of the said Notary. the Upper Town of|considera- N. B.—These four last Arpens were taken from the Jesuits in 1712, by Mr. De Beaucour, then Engineer lin this Country, and the Royal Redoubt was built there- ‘upon in that year and the remainder used as a Parade. 1771 May 1st. N. B.—There is a manifest contradiction in this Con- tract, to wit: in one part it fixes the boundary which Transfer. a i LL one Parts vested in [lis Majesty. Observations, The wholeasap |Confirmed by the liable to the Company of New France, and also fo; jpears to us. the said Company of New- France, and on condition) The whole as ap: of the sum of two hundred Livres Tournois, which the}pears to us, was to separate the grounds of the parties for ever—be-| | gg at the corner of St. Anne Street, and running in a parallel line (without saying to what Line) and). ~ jpooture et en arrière ficf- Lands held er Franc aleu, en arts vestea i Elis Majesty- French King by Gene. ral Diploma 12th May 1678, Art. 6; to be held in Mortmiain. Confirmed by the French King to be held n Mortmain by Gene- ral Disploma 12th May Query. Had the late Order of Jesuits a righ to make this Transfer. Obeervation«. ve TE — i Generat Assrracr of the Titles ofthe Estates that were of the late Order of Jesuits in the Province of Quebec. . Parts vested in suf Book & Page Lands held en Franc aleu, en Roture et en arrière fief | His Majesty. Observations. { terminating at the other end by a line which crosses it running in the same direction as the Dauphin Barracks (without expressing to which side or to what part, whether in the front or the depth) in another part it fixes the line of separation, to wit : that the Garden Wall of the Jesuits and the Street along it shall for the future be for ever considered as separating the ground of the par- ties. Lands en Roture in), ! A 182 the Upper Town of Transfer. 1788 April 24th. ! | ; Quebec. N. B—The first of the Contracts fixes the line in front of the Ground assigned to the Nunsby the Jesuits, beginning at the corner of St. Anne Street, where the North Eastern Boundary Line of the Nuns’ Ground intersects the said Street, and thence running in a line parallel to a line which runs in the same direction as the Dauphin Barracks: whilst the second contract fixes the Boundary line, beginning from the said Point in St. Anne Street, along the said Street, as it runs in the same direction with the Southern Gable end of the Query: Had the late Dauphin Barracks, and thence to the Walls and forti- ‘Order of Jesuits a right ‘feations of the City, and that the land situate on each à to make this Transfer? side of that street, from the said first Pointin St. Anne . Street t6 the Walls of the fortifications, shall belong on the one side to the said Nuns and on the other side to the Jesuits for ever and in full property, mutually re- nouncing ‘all claims to the Grants and sale which they might have made.—It is necessary here to observe that , by the first Contract no chariges were to be made, & the said first Contract terminated the line of separation by an intersection of the said line running to the Dauphin’s Barracks, which would have been only a small space of it DS . 3 SE op dt — : a a Pot le 6 cr tnt re + india Boi oh FFT 113 Genera Apsrract of the Titles of the Estates that were of the late Order of Jesuits in the Province of Quebec. Sook & Page nna Lands held en Franc aleu, en Roture et en arrière fief: # Ground, whilst the last Deed comprises a much more considerable extent of Ground.—1tis necessary also to remark that the two Arpens of Land bought by the Jesuits from Guillaume Couillard and his wife, and [the two other arpens acquired by them from the Widow £ands en Roture in , À — 182 [the Upper Town of|Transfers. Quebec. C3 ITEM A Anse Racer of the “ition of tho Eostatecs ee ee oe ee am Macart, were adjoining on one side to the enclosure of the Jesuits, and on the other to that.of the Ursulines, and that the said Jesuits having held and enjoyed the two first mentioned Arpens from 1667, and the two others from 1664, without any interruption or claim on the part of the Ursulines to the year 1712, when M. De Beaucour Engineer, took the said four Ærpens, with the intention of erecting thereupon the Royal Re- doubt, which was there erected in the same year, and the remainder was left for a Parade in front of the said Re- doubt— Father Glapion informed Mr. Chandler a few days ago that the four Arpens thus taken by the A] Engineer in 1712, were the same which had been pur- chased by the Jesuits in different parcels in the years 1664 and 1667, from the said Couillard and his wife, and | the said Widow Macart, and in truth they must be the same because the Jesuits have never possessed other lands in that neighbourhood joining in part their enclo- sure and in part that of the Ursulines.—Thus those lands by them sold did not belong unto them, and have not been in their possession since 1712, when they were as aforesaid taken for the use of the King of whom they became the property and then fell to the King of Great Britain by the treaty of Peace of 1763, & there are the strongest reasons to doubt whether the Ground lying be- tween the said Redoubt and the Wal! of the Fortifications between St. John and St. Louis Streets, which was so given by the Jesuits to the Ursulines by the Deed of ‘compromise of the24th April 1788, ever belonged to the ee — a mit, er" LE eo V',, | His Majesty. << Seemed em te * i arts ves j Parts vested in | Observations, — Query: Had the late Order of Jesuits any ight to make this ‘Transfer ? a the Lviv coe < = DO M: Se Bi be Book 5 a En DEN EE ee AE Den a en AE ER Sot Lrovinee of Couetsec € = ee re 2c rea M Parts vested in Oasis His Majesty. bala Contents. mn +; ahaa , | 0 enjoy do with and dispose of by the said Revd. panes on: 14 Fathers dits in the manner they shall think most I Res. proper, subject to the payment of an annual ground À > je a cs nat pe” Motives and |rent notredeemable of two sols for every perch, and one Quebec. considerations.|so] for every perch in consideration that the said ground falls into Mortmain, and cannot. produce any mutation fines, the whole making a rentof thirty-three sols and eleven farthings annually payable by the said Jesuits t the said Fabrique of the Parish of Quebec. Statement. of the Title. 1651, June 5. Contents. To be enjoyed by the said Revd. Fathers Jesuits and their assigns for ever in pure Roture on condition that they will build thereupon, and enclose as well it as their Lands en Ro- Village, with good pickets in such manner as shall be A 178 ture in the Motives and /ordered by the Governor of this Country within one pag dl lown of Three|considerations. |vear from the date of the grant, which in default there- Rivers. of was to be null, and further that they would cause this grant to be confirmed by the Company. N. B. It does not appear by any paper that the con- ditions of this Coutract were ever fulfilled, nor that it was ever confirmed, and Mr. Coffin, one of the Com- missioners has never been able notwithstanding all his researches on the subject to obtain any light respecting this arpent en Roture, but he found in the place point ed ont by the contract a space of vacant ground and a square opposite the Church Notre Dame, which he was told belonged to the King, and a piece of ground in the possession of John M‘Pherson, containing 7070 feet held by the Jesuits by several of his predecessors from time immemorial subject to one livre ten sols ef cens et rentes, ture conceded The whole as appears to us. 118 Si — SS SS a a a SE a en, vege Se > ete 2e = . > + ery a aS er GENERAL Asstracr of the Titles of the Estates that were of the late Order of Jesuits in the Province of Quebec Parts vested in ROG | His Majesty. ; ie v ee . + Book & Page. | ‘ Statement of _ the Title. No. 1. _ Contents. Arpents. Perches. Feet. | 4 il 276 |These 4 arpents 11 Contents. No. 2, 4 11 276 |Perches 276 feet d | | Statement of as appears to us. These arpents as far as they relate transfer. gla May * P # to the Little River ( as appears to us, the remainder ha- M Lands en Ro- : ving been trans- Query. pa A — 196 ture in and near ee ferred by the Je-|Had the Jesuits a the City of : suitsin 1764, right to make this Montreal. 2 50 These 2 arpents, |‘Transaction at the Statement of 50 perches as ap- |timeit was made ? the Title, No. 5. 1 0 pears to us, This one arpent as appears to us, Contents, PP Statement of ey, the Tranfer. | No, 4, Statement of Had the lle a q right to make this the Title. Contents, Statement of | No, 5, the Title. Contents. Statement of | the Title, [CS ac rs 267" ss A LÉ HT ee Oo «of «= Pee TR TE Be 2 wc eee Se —n J} Cs aoc ow CIE A a Bs =o oOo. Motives and considerations. € «tac “Sites <> LE LE LAmrtmre before Adhemar, Notary, the 13th of the same month which discharges the said Lands for ever from the said rettt of 50 livres 19 sols wherewith they were charged for the keeping up of a lamp. The three lots of ground above conveyed by the Revd. Father Floquet were sold subject to cens & rentes and other Seigniorial dues payable to the Seigniory of the Island of Montreal. and for and in consideration of the sum of 5000 livres which he acknowledges to have received from thesaid Chas. Plessis Belair, provided that be the said purchaser should pay an annualrent or annuity of five hundred livres to the Brother & Father Gournay, Jesuit, residing in the community of Jesuits in the Town of Montreal during the life of the said Father Gournay, the said annuity to cease and be ex- tinguished from the moment of his death, which hap- pened in December 1767. N. B. The grounds belonging to the Jesuits at Montreal consist in three arpents 68 perches and a third in superficies enclosed by a wall, and on which are erected their Church, Chapel, Houses and Ofiices, as they are designated upon the plan between the letters A, B, C, D, E, F, G—two house lots adjoining the western extremity of them enclosed, one ditto adjoin- ing the north eastern angle (these three house lots are colored blue upon the Plan and one vacant lot adjoin- ing the last.) ‘The remainder consists in part of the ground occupied by the Walls and Fortifications, and the Champ de Mars or Parade situated between the said Walls and the enclosure of the Jesuits, and the re- mainder outside of the Walls and Fortifications of the Town, and thence running backwards in part to the line, H, L, two arpents, and in part to the line run- CRIME was «co Lise Inter ©: “ Observations. _ HN iraGe of <2 we be GENERAL Apsrract of the Titles of the Estates that were of the late Order of Jesuits in the Province of Quebec. Parts vested 1n Book & Page ; His Majesty | Observations. ning on the brink of the Little River des fonds one ar- pent. Statement of ; the Title. j 1681 May 24. Contents, ) , To be held and enjoyed by the said Pierre Dublon and others, Missionaries, and their successors and as- signs for ever as their D without paying any charge or indemnity to His Majesty or his successor, | to build a Chapel House and to reap Wheat. N. B. Messrs M'Gill, St. Ours, and Rouville, three of the Commissioners, resident at Motitreal, have ing been required by a me a Mr. siete to ob- ands À tain information from the Fur ‘Fraders'at Montreal u À — 192 à ang rare Motives and | on the subject of this land and other objects in the Up- “considerations. | per Country, they answered by a letter-of the 9th | March 1789 in these words, “and first upon the sub- | | ject of the grant of 24th May 1689 of a piece of ground on the River St. Joseph, we have learnt from a person | here who has resided there several years, that the Je- suits had in a stockaded Fort belonging to the King of | France, a Church, House, and Garden which are now. in ruin, probably occupied by Traders, but which are | not leased by the Jesuits and which produce no in-| | $22 The whole as appears to us. come, ”’ | GENERAL AsBsrract of the Titles of the Estates that were of the late Order of Jesuits in the Province of Quebec Book & Page. Lands granted to, possessed and aliened by the Jesuits. | Statement of ü | the Title, 1636 Jany. 15. Statement of | s Transfer, 1672 November 7. Motives and , | In consideration that the said François Berthelot considerations, | binds himself to cause to be discharged the Father Dab. Jon from such sums as he might then owe by reason of A — 904 |Istann or Jz- the said Island to the Royal Company of the Indies A se 2€ £ et ww ant crt a M D. 234 2° to 2 at” «£ > then Seigniors of this Country. | Statem | the Title, tof | 1674 March 20. To be held and enjoyed by them their successors and "69 ‘ reg d assigns in property subject to pay a Gold Crown in ac- x hdione knowledgement at the end of every ten years to the}. ? said Berthelot and his successors. Statement of 1739 October 20. Transfer, Statement of | Contents. This lot of land was given to the Jesuits in conse- ‘ quence of the representation which they made to His Parts or Majesty, that the lands of La Prairie de Ja Magdelaine 207 Saint Lewis. were too moist to raise grain for the subsistence of the Jroquois there settled, and that there was reason to fear that they would go away if His mt ad would not (give them the lands called the Sault—Thbis concession contains a clause or provision that if the Savages think it proper to leave these lands they shall revert to His Majesty with the clearings. ‘ . eceatcr@ Lise ver ef is Reta Se the Province <—£ <2ucbece Ete ne GENERAL Axrstract of the Titles of the Estates that were of the late Order of Jesuits in the Proviace of Quebec. | Parts vested in à Book & Page. : | His Majesty. Observations. Statement | of the Title, 1680 October 31, Contents, To be held and enjoyed by the said Revd. Fathers Motives andlof the Company of Jesus on the same conditions a A — 207 |Farxs of Sr. considera- |are expressed in tbe grant of the Sault St. Louis by hi Lours. tions, Majesty the better toenable the said Fathers to con- tinue their efforts for the conversion of the Iroquois and other Savages. Statement h 22 of l'ransfer, 1198 March 22. Statement thin tober 14. of the Title, 1699" WCtO 124 Lands of the Coast A = 910 of Lauzon 8S. W. of River St. Law- Rothe, Contents & explanation. Statement of the Title,| 1655 April 4. Ground in the A — 211 Lower Town of Quebec. Statement of Transfer, Statement a of the Title, 1683 September 16. Contents, This ground was given tothe Revd. Fathers of the - a Company of Jesus to be held and enjoyed by them} Motives and|:h oir successors aud assigns for ever in Franc almoigne considera- jand in Mortmain and to do with and dispose of as they | tions. shall think proper, on condition that they should contri- \ bute to the expenses of the building of a wall of 7 i ; Ep er À RES CT LIT + PACE A+ nn Gt te allt. te ys emi RE SP PIRE SR RES re mae eB Se cS ee ee Rd mere GENERAL ApsTRACT of the Titles of the Estates that were of the late Order of Jesuits in the Province of Quebec: * : # ay Ë. | Parts vested ip Book & Page. | His Majesty. Observations. | feet in length to support the terrace of the new battery | | whither the cannons have been removed. = pant Statement of 5 the Title. 1685 May 13. ! Contents, © Thislot was given tothe Revd. Fathers of the com- Motives and |pany of Jesus, their successors and assigns to be held & is considerations, |enjoyed by them for ever in Franc almoigne and in Mortmain, to do with and dispose of as they shall think : fit and as their property. ‘ {Ground in the: \ f “011 Lower ‘Town 6 of Quebec. : 1713 April 24. | + Statement of | Transfer. oa — N. Bi It was a precaution which any prudent man purchasing lands in Franc aleu and in Mortmain would not have omitted, because such a sale was nul] in Law a circumstance against which provision could be made only by a counter security. : ! . - = r= Soe Led — ae . nn mm em — . <= aies M. 20 re oo <> «x tte “BT4e eos «<> tf . 1.1. nm es en © _. <=. —_—f « bac 2 « <> men = = .… . ~ - -—~* ms <= ds — daté {C= ac re scme _ cae x — = à PRO > PR ae | I QE TO HIS EXCELLENCY, &c. PROVISIONAL REPORT oF THE COMMISSIONERS, &c: We the majority of the Commissioners assembled at Quebec, unani- mously Report to your Excellency, that we have found and caused to. be issued the principal Titles of the Fiefs and other immoveables held by the Religious men, known by the name of the Order of Jesuits in this Province, and that we are ready to commence the Papier Terrier of the said Fiefs and immoveables, to arrive at a determination of the points eontained in the said Commission, but that we cannot do this until pre- viously a Proclamation equivalent to Letters of Papier Terrier shall have been issued, enjoining in the name of His Majesty all persons hold- ing fiefs, arriere fiefs, all Tenants en Roture, and all other debtors of rents or by reason of immoveables to the said Religious order, to appear within a period to be therein fixed and declare Fealty and Homage, the aveux dénombrements or the Seigniorial Cens et rentes or constituted Rents and other real incumbrances wherewith they are charged according to their Titles which they shall exhibit according to the Laws and Customs of this Province and under the penalties therein contained. We conceive that the Reasons which follow shew the necessity of the said Proclamation. Ist. The Commission addressed to us enjoins us to proceed without delay and in due form of Law. 2d. The Laws and Customs of Fiefs and immoveables in this Pro- vince, re-established or maintained by the Statutes 14 Geo III. cap. 83 and cap. 88, do not grant those fiefs and immoveables otherwise than ac- cording to the Laws such as they were in use before the conquest. 3d. According to those Laws and Customs, it is the King alone who has the right to issue and publish Letters of Papier Terrier, vide Fer- riere Dict. de droit, or his introduction verbo Papier Terrier. 4th. Without a Proclamation equivalent to these Letters of Papier Terrier the Vassals and Tenants would not be legally bound nor notified, nor exact in coming to declare and exhibit all their Titles. A multitude of refusals, difficulties and delays would result therefrom. 5thly. and lastly—: Since the Conquest and more particularly in the year 1777 and following years, His Majesty’s Governors in this Pro- vince have published several Proclamations for the Papier Terrier of the Domaine. We conclude this provisional Report by humbly submitting to your Lordship the above reasons for the obtaining of the said Proclamation or such other means as Your Lordship will be pleased to grant, er. Ps 129 To His Excellency the Right Honorable Guy, Lord DoRrCHESTER, &c: SEcoxD ProvisioNaz Report of the Commissioners named by Letters Patent of the 29th December 1789, to enquire into the immoveables heretofore held possessed and claimed by a certain Community known by the name of the Order of the Jesuits in the Province of Quebec. _ We the undersigned, Kenelm Chandler, Thomas Scott, John Cof- fin Senr.; Gabriel Elzeard Taschereau, John Anthony Panet, George Lawe, James M‘Gill, Quinson de St. Ours and Jean Hertel de Rou: ville, Esquires, Commi-sioners to make enquiry of the said immoveables in obedience to the Order of Your Excellency, of the 24th of the present month, which enjoins us to comply with the Report of the Committee of the whole Council of the 22d of the present month containing,— ‘ That it is expedient that .we should be required to make as soon as ‘ possible a Report to your Excellency.” 1st.—To what extent we have up to the present time been able to execute the trust confided tous ? 2d.—What remains to be done to fulfil it ? 34.— What obstacles are encountered? _ | x 4th.—And by what means we conceive these obstacles may be sur- mounted and the intention of the said Commission accomplished. We humbly make to your Excellency the Second Report which we consider as the first provisional one, and submit most respectfully that we believe that we have proceeded in due form of Law, and without delay, as the said Commission expressly requires and as our deliberations and reso- lutions contained in the Book A, whereof a certified Copy is hereunto annexed, establish. . We ask the liberty of now establishing the material points contained in the present Report in following the order of the four questions stated by the said Report. of the Council. Upon the first question—To what extent we have up to the present time been able to execute the trust confided to tis? | We have most attentively considered all the points which the said Commission requires us to ascertain in due form of Law, and as soon as possible, and we establish to what point we have been able up to the pre- sent moment to execute the trust confided to us by it, comparing. in the margin each point proposed by the said Commission with the Re- port which we place along side it, as far as it is possible for us to do, at present reserving it to us to point out upon the fourth question the means of better fulfilling the intentions of the said Commission. Ist. Point of the Commissiôon.-= What were the lands and property held possessed and claimed by the said Order of Jesuits ? REPORF.: > We have obtained from the most Revd. Father Augustin Louis de Glapion, Superior of the Jesuits in this Province, atid the Revd. Father Jean Joseph Casot, Agent for the College of Quebec, who voluntarily eS Bee i ae 150 communicated to us allthe Original Titles and others of the immovea- bles, in virtue whereof the said Community known by the name of the Order of the Jesuits in this Province held, possessed and claimed them, as the Reports Nos. I, 2, 3 and 4, ascertain them, of which Titles an authentic Copy is contained in the Books Nos. I and 2, intituled, « Title Deeds Jesuits’ Estates.’’ # A nd we observe that although down to the present time it would ap- pear that we have a Copy of all the original Titles, yet probably some others would be found in proceeding to the Papier Terrier, whereupon we shall speak hereafter. 94. Point—How and in what manner acquired ? REPORT. We find that the said Community heretofore known by the name o the Order of the Jesuits in the Province of Quebec demanded and ob- tained by grant, acquisition, or exchange, for the motives and for the con- siderations contained in each Title, whereof the said Reports Nos. }, 2, 3 and 4, are an analysis for each property, but that the grants acquisi- tions or exchanges regularly, not being valid in mortmain according to the Laws of the Country before the Conquest, without Letters of A mor: tization which are required to contain their considerations and conditions, they obtained from His Most Christian Majesty for the greater part of their Estates a Diploma in the form of Letters Patent of the 12th May 1678, duly enregistered in the Sovereign Council of Quebec, whereof an Authentic Copy isto be found in the Book, intituled, * Title Deeds, Jesuits? Estates,’ Vol. 1, Page 1, which Diploma in referring to the Original Title of each amortized Estate provides in the following words—* For these causes, wishing to treat the Memorialists favourably, & tu contribute as much as shall be possible to us to the greater Glory « of God andthe Establishment of the Catholic Apostolic and Roman ‘© Religion in the Country of Canada, and to oblige them to continue & their prayers for our prosperity and health, and the preservation of this & State. We, of our especial Grace, full Power and Royal Authority « have approved, confirmed and amortized, &c.”’ | $d, Point.--What are the parts or portions thereof which have been by them alienated or exchanged ? REPORT. We report, that the parts or portions of the Estates anciently belong- ing to the Jesuits alienated and exchanged are ascertained by the Report No. 2p. 1 & Seg. And to be convinced that the Jesuits, more partica- larly since the Conquest, have not alienated or exchanged the whole or any parts of their Estates of which we have Copies of the ancient Ti- tles, it would be necessary lawfully to command the subjects of His Ma- jesty to declare formally in writing, within a sufficient and peremptory delay, those who had acquired the whole or a part of the Estates here- tofore held, possessed or claimed by the said order of Jesuits in this Pro- 131 vince, and to produce the titles or claims which those subjects or any of. them pretend to have thereto, and we shall propose the means of doing this upon the fourth Query. 4th. What are the parts or portions thereof wherewith His Majesty is now vested, and which His Majesty may give and grant in the manner prayed for by the said Lord Amherst his heirs or assigns 2. REPORT. "We find as to the effectual and actual possession, that immediately af: ter the Conquest a part of the College of Quebec was occupied by the provisions of the King to 1776, and that down to the present time the troops of His Majesty in Garrison at Quebec, occupy as Barracks since 1776 the greater part of the said College built in the Upper Town, and that the said Revd. Fathers De Glapion and Casot occupy the re- ‘mainder of the said College and the Church of their. Order, and that it is a matter of public notoriety in this Province, that the Revd. Fathers De Glapion and Casot received the Revenues arising from mutation Fines, (Cens et Renies) profits of the Mills and of the Ground Rents due in respect of Lands situate inthe District of Quebec which they éause also to be received from a part of the Fief St. Gabriel and from the Mill of La Jeune Lorette by the Revd. Father Giroux, Jesuit, Missionary, for keeping up the College of Quebec, the Church and Mission of La Jeune Lorette for the Village of the Hurons. “That the Revd. Father Welle occupies a part of the House built at Montreal for the Mission established at the said place, and the remainder is occupied by the Government as a Prison in civil matters, and that the said Revde Father Welle collects the Cens et rentess mutation fines, profits arising: from Mills and from Ground rents, and other rents due from or in res _ pect of Lands situate in the District of Montreal. That with respect to the parts or portions of the said Estates wheres with His Majesty is now vested and which His Majesty can give and grant in the manner prayed for by Jeffery Lord Amherst his Heirs and Assigns, we do not think we shall be in a condition to report thereupon, until after the subjects of His Majesty who may have certain rights of enjoyment of property, incumbrances, servitudes or indemnities, either by reason of foundations of succession, of purchase or otherwise have been commanded to make within a sufficient delay their formal declara- tion and to produce the titles and proofs which they may have to sup port them, and we will propose the means upon the fourth Query. And that there is no doubt that His Majesty has his right of sove- reignty by reason of the Conquest of this Country over all the said Es. tates of the Jesuits as over those of His Majesty’s Canadian Subjects, but that to report upon a point of so much importance as the determining what His Majesty can give and grant of the said Estates, in the manner demanded by Jeffery Lord Antes heirs and assigns, it would be ~ 132 requisite in the first instance to ascertain all the points of the said Com- mission, to the end that the claims whereof we have just spoken be care- fully examined and considered with or by the rights of His Majesty to know the pure and simple property and possession. And we shall also propose the means thereof on the fourth Query. Sth. The nature and quality of the said Lands. 6th. The nature of the Titles in virtue whereof they are now held. 7th. The present value. Sth. The nature and extent of the Seignioral rights, Oth. The nature of the Grants in virtue whereof the possessors hold them. 10th, Their exact local situation. 1ith, The state of Cultivation and their population. We have taken into our serious consideration the manner of ascertaining all these points :—so far back as the 14th l'ebruary 1788, as appears by our Resolve in the Book A. page 22, which nominates unanimously Messrs. Taschereau, Scott and Lawe, three of us, to go upon the lands with the Notary and Surveyor chosen by the previous Resolutions and to measure the Lands and proceed to the Papier Terrier in the District of Quebec, to Messrs. McGill, De Rouville and De St. Ours in the District of Montreal ; but for the reasons contained in the Book A. of the proceedings from page 32 to page 34, we resolved on the 17th March 1788, to make, and we had the honor accordingly to make, to your Excellency our first provisional Report contained ip the said Book A. page 11, whereby we prayed your Excellency to be pleased tous: sue a Proclamation for the purpose of proceeding regularly to the Papier Terrier, or to order one as to your Excellency in your wisdom should seem best. The 15th September 1788 we gave in writing to the Com- mittee of the Council the reasons and law authorities contained in the said Book A. page … which appeared to render the said Proclamation necessary or useful. Waiting the sclution we have made divers research- es which have only produced the list and indices contained in the Book marked which are not supported by any Titles or legal evidence, and which are incapable of affording a foundation to our final Report, and considering now that we shall not obtain the said Proclamation we will pursue another course upon the fourth Query. With respect to the tenth point, of the exact local situation of the Lands we have caused to be made Copies of some plans which we pro- ~ duce with this Report with a list marked but we cannot verify thein nor ascertain with exactness the actual and certain situation, lines and Boundaries, but by proceeding with the Papier Terrier upon jm spot, and causing to be made new plans as well for those parts of which there are ancient plans as of these whereof there are none. 12th If there are any parts which were given to the said Religious Order by individuals, and which are claimed by the Heirs of the Donors and what those parts are, aud who are the parties claim- ing- REPORT. — The first and second Reports which contain an Analysie ofthe original ya Ey 133 Titles to the said Order of the Jesuits of the Estates, ascertain to what degree we have been able to obtain a knowledge from the Titles themselves, the parts which have been given to them by individuals, but to know whether these or any other parts will be claimed by the heirs of the Donors, what those parts are and who will be the claiming parties, we thought that by legal authority the subjects of His Majesty ought to be commanded within a certain time, peremptorily to declare all their claims under the penalty of losing them, And seeing that we have not obtained the Proclamation which we asked for the Papier Terrier we have settled another course upon the fourth Query. Upon the second question, what remains to be done to fulfil the Com- mission ? We find tw> proceedings very essential for the purpose of fulfilling the said Commission. The first to command in due form of Law or simply to require all those who pretend any right of, enjoyment, of property, of charges, servitudes or indemnities whether by foundation, succession, purchase or otherwise to make thereof, whether the delay be peremptorily or simply fixed, their declaration in writing and to produce the Titles and proof which they may have to offer in support thereof, The second to command in dike manner in due form of Law or sim- ply to require all the Tenants &c. to declare within the delay which shall be also either peremptorily or simply fixed, all the dues, Cens et rentes, charges and incumbrances whatsoever, to exhibit their Titles and to pass a new one in the form required to proceed to the Papier Terrier. Upon the the third Point. What are the obstacles encountered ? We have not met with any obstacle in fact except those which ac- cording to our proceedings Book A. do not appear to be of any conse- quence, but having met with an obstacle in Law, to wit, our inability lawfully to command thase who set up any claim to or in respect of the said Estates to make declaration of their claim within a time to be fixed peremptorily, and in like manner the subjects of His Majesty who are now tenants in the Seigniories or debtors of Ground Rents or other dues, to declare them, exhibit their Titles and to pass a new Title to the Papier Terrier authorised by the Laws and forms of this Country, we submitted that obstacle in Law by our first provisional Report made to Your Excellency, and no longer expecting the Proclamation which we had demanded in that respect we proceed by another measure which we are going to explain. : Upon the fourth and last question, by what means we conceive that these obstacles could be surmounted and the intention of the said com- mission fulfilled. Se Se ag" As we no longer expect the Proclamation which might lawfully. come mand all those who may claim any rights to declare them within a pe- remptory delay, and the Tenants and Debtors to declare the dues exhi. 134 bit their own Titles and pass the Acte in the Papier Terrier, we have re: solved to cause to be inserted in the Quebec Gazette and posted up at the principal door of the Parish Churches where the said Estates are situ- ated, an advertisement informing the Public that we are authorized un- der the said Commission, and that we require all those who claim any rights upon the said Estates to declare them to usin writing, and to pro- duce their Titles and Evidence in the offices of the said Commission, held, to wit, at Quebec at Montreal at —the first Tuesday of each month up to the first Tuesday of October next inclusive, at Ten of the Clock in the morning—and the Tenants or the Debtors of Dues to come and declare them, exhibit their Titles and pass an Act of declaration thereof, to wit, for the lands situate in the City and District of Quebec and Montreal at each of the said offices respectively, the first Tuesday of each month up to the first Tuesday of the month of October next inclusive, at Eleven of the Clock in the forenoon, and upon the Lands or Estates charged with such dues, to wit, for those situate in the City or Banliew of Quebec and of Montreal respectively upon each lot, when the Commissioner shall present himself there, between the first of June and the first of July next, and in each Seigniory after the first of July next at the places and times which shall be by an advertisement which shall be posted up at the Parish Church of each place, until the Papier Terrier is completed, which resolve and which advertisement are contained in the Book A. of our proceedings. (The two first pages wanting.) That for the purpose of building that Church, that College and those buildings to instruct therein the Children of the French Inhabitants and of the Savages of Canada ; by reason of their vows of evangelical and. personal poverty, they could not hold any estates except such as were held for by the title of a College (1) founded in favor of the Children of the Country ad studendum ES orandum. And it was only as appertaining to a College that the King after the Cession to him made of this Country, confirmed and amortized all their Estates which he freed from bis Dominium utile, by a solemn aud express Diploma for the propagation of the Catholic Apostolic Roman Religion in Ca- nada, and for the instruction of the Youth of this Colony. (m.) The Seigniories were given by the same Citizens particularly to Cates chise, instract and teach, (n) and even for the assistance which the Inhabi- tants of the Country were to receive ; (0) this Seigniory and those which (1) Bull ditto.—Constit. part 6, Cap. 2 v. 3.— Causes Célébres, Vol. XIII, page 88,—Ordonnance de 1539, Art. 151.—Cout. de Par. Art. 227 & Grand Comm. de Ferriére. | (m) Letters Patent of Louis XIV ofthe 12th May 1678 duly enregistered in the Sovereign Council of Quebec the 31st Ottober of the same year, and after the Con- quer the 20th December 1765, Book A. page 657.: See the description of the’ (ay eee gris Art. 3, n) Titles of Notre Dame des Anges or Charlesbourg, of the 10th March 1626. toy Titles for ditto, 15th January 1657 and 17th January 1652, ws À ER 22 2 Be ee irveas + € 135 are about to be mentioned, wère in like manner amortized for ever for the same considerations and for the establishment of this College of its Church and of the same Religion (p.) | The Peninsula upon the River St. Charles called Lavacherie near Quebec, leased to David Lynd, Esquire, was granted to supply the place of six arpens taken from the 12 arpens for the College, and for the same reason and ends as contained in the Titles to Chart he (q) It was in like manner amortized and annexed to the College. (r) The two Lorettes or Seigniory of St. Gabriel (s) were given solely from friendship to the Jesuits, by Mr. Robert Giffard, then Seignior of that place and of Beauport, Ancestor of Messrs. Duchesnay and De Sa- laberry. This Donation was prohibited and null by their vows (t) and by the Laws of this Country (v) as made personally to Pedagogues. (x) ‘The Donor and his Descendants or Assigns have suspended their claim toa restitution of this'property, thus given only in consideration that, at their instance and in favor of their posterity the King then consecrated and amortized for ever this property, by explaining the gift to be for a Col- lege of Study and for the establishment of their Religion, (y) If there are no Jesuits there are no Donees—what is given for a false con- sideration ‘is liable to be claimed back gui dans opinione falsa fuit deceptus, (z) as what has been given or left ob rem may be recovered back oa default of doing the thing. And the Law provides that in the case of the dissolution of a Community or Society each person is entitled to his own, and resume it. (ay | Sillery near Cape Rouge was granted for the spiritual and témporal aids of this Country and to support the Missions. ‘Thus the King rati- fied the Title. (b) | Belair or the Montagne à Bonhomme. This tract of little value was acquired (c) only with the small Savings out of the Revenues of the Col- lege. ‘The same doubts and explanations which were made in respect of Cap de la Magdelaine of which we are about now to speak are ap- plicable in favor of the College. : The Cap de la Magdelaine near Three-Rivers was given by M. De. laferté, one of the hundred partners, only for the establishment ef the p) Letters Patent 12th May 1678, Art. 1. (D) Title of taking of Possession of the 24th July 1646, and concession of 17th January 1652, | cr Letters Patent of 12th May 1678 art. 2 & 4. s) Donation before Mtr. Paul Vachon, No. 17, of the 22d Nov. 1667. t) Const. part 6, Cap. 2, v. 3, Bull of Paul 3, 25th Sept. 1540. v) Ordinance of 1539 Article 131. x) Custom of Paris, article 227 and Grand Commentaire of Ferrière. v) Letters Patent of 12th May 1678, article 16. | (z) Dig. 1. § 25 de condiets indeb. 1. § 397 D. causa data causa non secuta and dict: . 65 4. . > | (a) Bok Civiles Donat. vol. 2, p. 104, tit. 15, Sect. 2, Tom. 8. (b) Grant of 23d Oct. 1669 ratified by the King the 6th May 1702. (c) Grant by the Governor and Intendant for the King of the 24th Novr. 1622 confirmed by decree of the King’s Council of State of 16th: April 1684, registered in the Council at Quebec. Sale before Mr. Dubreuil, Notary, the 2sth August 1710 and other titles which dates givin in reports of title, No, letter I. fa) 136 Christian Faith and to give to the Jesuits means for their own subsistence, But the Jesuits having expended upon that Estate the Savings of the College of Quebec, upon their apprehension of being disturbed from the want of a better explanation, Mr. Duchesnau, then Intendant for the King confirmed this Estate to them only in favor of and for the College of Quebec. (d)_ Finally amortized or put this Estate out of his hands only for the College of Study and for the Establishment of the Religion of the Canadians. (f ) Batiscan given by the same Mr. Delaferté for the love of God (g) was explained only by the same Intendant and upon the just apprehensions of the Jesuits, by reason of the Expenses incurred out of the Savings of the College of Quebec (h) to which it also was annexed by the King according totheamortization. (i) The Island St. Christopher at Three-Rivers, which yields no Revenue, was granted in consideration of the advantage derived to Religion by the instruction and Conversion of the Savages. (k} The King grants the amortization thereof. (1) Laprairie de la Magdelaine in the District of Montreal, was also granted by reason of the assistance which the Jnhabitants of Canada (m) received by the Jesuits; But also by reason of the Expenses incurred out ot the Savings of the College of Quebec. Upon some complaints ef the Inhabitants, and upon the apprehension of the Jesuits of being disturbed for want of explanation Mr. Duchesnau, Intendant for the King, upon their prayer confirmed this Seigniory only in favor of the College of Quebec. (a) Finally the general and final explanation by the the King amortized this Estate, and the other Estates described in the. Letters Patent only in consideration of the College of Quebec, and © for the Establishment of the Religion, which is therein expressly men- tioned. (0) ‘There is due upon this Seigniory tothe Assigns of M. Mi- chel Martilane, the Capital Sum of 20,000 Livres Tournois, bearing an annual Constituted Rent, by Contract passed before the Conquest and Enregistered. (p) Pa A piece of Ground in franc aleu. Roturier, at Saint Nicholas PL do ape before Messrs. Duchesne and Treffé, Notaries, at Paris of ‘the 20th March 1651. (f) Letters Patent of the 12th May 1678, Act 21. (g) Donation before Mtrs. Hervé, Bergeron, and Cousenet, Notaries, at Paris the 13th March 1639. (h) Ordinance of the 9th February 1676. (i) Letters Patent, 12th May 1678, art, 20. (k) ‘Vitle of the 20th Octr. 1654. ” (1) Letters, 12th My 1678, art. 25. m) Grant of 1st. April 1647. fn) Petition of the Revd. Father Dablon, principal of the College of Quebec : and ordonnance Signed Duchesnau, Intendt of the 4th Feb. 1676, then Signed Dupuis and Begon, by Successors as Intendants. (0) Letters Patent of 12th May 1676, art. 26. (p) Contract passed before M. Danzy de Blanzy and Bouron, Notaries at Mon- treal, of the 7th December 1678, enregistered at the Provincial Secretary’s Office at Quebec, Book B. page 650. i nk a Ss ES ke 2 — " Anne Street, the whole appearing to have been acquired of old 137 was firft (q) granted and amortized by the Seignior De Lauzon in favor of the Bifhop of Pétrée who was the first Bifhop of Quebec. He made a Donation of this piece of Ground to the Seminary of this City, who afterwards afligned it to the Jefuits by a Deed of compromife and Exchange (r) for a Part of the Isie Jefus given (s) by a Citizen, andwhich the King hadamortized in favor of Religion and of the College of Studies then conducted by the Jefuits. (t) A Lot of Eleven Acres in Roture at Pointe Lévi, was alfo con- firmed and amortized by the King for the College. (u) The Ifle Aux Ruaux, below the Ifland of Orleans was grant- ed by the hundred Partners, it would appear to fupply the Houfe of the Jefuits (x) with fuel.—This [land was amortized by the King according to the Diploma in favor of the College. (y) Six Arpens of land in fuperficies at ‘Tadouffac for a Chapel, (z) Presbytery and burying Ground, which were then amortized by the King: (u) and a lot of Ground under the name of Fief Pachéri- ny at l'hree Rivers, granted for the fame purpofes as thofe under the title of Sillery (i) confirmed and amortized by the King. (ii) an- other lot at the /aid place by exchange (ili) with the inhabitants (iii) amortized by the King. Moreover a remnant of ground contiguous and extending to a fmall river afcending towards Lake St. Peter (v) in like manner amortized by the King for Religion and that Co!- lege. (vi) eas Several {mall portions of Ground contiguous to each other in Roture, fituate in the Upper Town of Quebec, around the Gar- den of the College, between the Southern fide of a part of Saint John’s Street, and the Northern fide of a prolongation of St. by the Jefuits out of the favings of the College, and to be compo. fed of two Arpens in fuperficies, for the price of £4 3 4 Sterling, ) Grant of Srd January 1665, i Deed of Compromise of 20th October 1739. s) Donation of 20th March 1674. x Letters Patent of 12th May 1678, Article 28. u) Letters Patent said Article 14, 15, & 29, and titles there cited. 3 Grant by the Company of Canada, 20th March 1638. 7 Letters Patent of the 12th May 1678, Article 27. z) Grant by the Company of the ist July 1656. | u) Letters Patent of 1678, Art. 5. (i) Grant of the Governor on the 5th June 1651, explained by the Title of Sillery, of 23rd October 1699, letter D, No. 1 & 6, the report of the Titles, No. letter P. other Grant by the Company of the 15th February 16 ii) Letter Patent of 12th 1678, Article 22. ; | - iii) Title of the 9th June 1650. | iin) Letter Patent ditto, Article 25, (v) Grant of 8th August 1664. (vi) Letters Patent 1678 Art. 24, 140 of the favings of the College of Quebec, who alone could hold this fuit Miffionaries could not according to their Inftitution (xxx) and Laws çxxxi) hold any Property. | A piece of Ground at the Miamis upon the River St. Jofeph, : which yields no Revenue, was granted excepted from charges and indemnities to the King, to build a Chapel and Mission Houfe in favor of the natives and inhabitants of the Place (xxxii) This Cha- pel has fallen into ruin by reafon of the troubles of the war, and there being no Miffionary.—This fmall beginning of an Eftablifh- ment was held as a Miffion like that of Montreal dependant upon the College of Quebec. | Some other lands which the common people thought without examination belonged to the Jefuit Miffionaries, neither belong- ed to them nor to the College; for example, a- portion in the Ifle Jefus, which was exchanged for the lands at St. Nicholas al- ready mentioned. | The Sault St. Louis, near Montreal, was granted to the Jefuits for the /roquois Indians, (xxxiii) acknowledged to be the proprie« tors of it, under the exprefs condition, that it fhould revert to the King when thofe Indians fhould think proper to withdraw there- from : and it was with a good foundation and with juftice that the Troquois obtained againft a Miffionary the equitable judgment of his Excellency ‘Thomas Gage, Governor of Montreal, and of his Council, compofed of Col. Frederick Haldimand, Major Gabriel Chriftie (xxxiv) and others adminiftering juftice after the Con: queft, who confidering the Inftitution of the Jefuits, the Titles, and that the faid Grants had been made only with a view of thereon fettling the Indians, ordered that the faid Jroguois fhould be immediately put into poffeffion and peaceable enjoyment for themfelves and their heirs, of all the Lands of the Sault St. Louis in queftion, with the buildings there, obliging the faid Jroquois to keep up the Church and the Houfe ufed by the Miffionaries: and for that purpofe, that the rents due by the Inhabitants an ciently fettled at the faid place, and the other Revenues of the Sault St. Louis, fhould be annually recovered and employed in maintaining the Church, and the remainder to the Jroguois, who fhould difpofe of it in fuch way as they fhould think proper. LS es) (xxx) Bull of Paul III, of the25h Sept. 1540 approbative of the Institution, Const. Part 6 Cap. 2 No. 3. Ordinarice of 1539 Act 131 Cout. Par. Act 227. ee) etition of principal of the College of Quebec and Ordinance of the 4th Feby. 1676. . | | un Title of Grant of the v4th July 1689 ti; xxxiii) Conditional Grant by the King of the 29th May 1681, Ditto 51 Octr. 1680. _ _ Brevét of Conditional ratification of 15th June 1717. ri {xxxiv) Judgment of Genl, Gage and Council'at Montreal of the 224 March 176% =- = SE. SF ~_ ss es as fe Ss 4 His Excellency. 141 : The Wharf or Beach Lot in the Lower Town of Quebec with the Houfe thereon erected, in St. Peter Street, known by the name of the Quai Guillemin, now belonging to the Hono- rable William Grant, Efq. (xxxv) was granted and afterwards sold by the Jefuitsto Mr. Charies Guillemin, for the price of #33 6 8 Sterling, under the exprefs condition and obligation on the part of the Jefuits, to employ that fum in the purchafe of other pro- perty more advantageous, or on the repairs of the College of Quebec. (xxxvi | The rich and beautiful Seigniory of L’Affomption, mentioned in the Keport of the 17th June 1789, and the Schedule No. 2, thereunto annexed, drawn by the Agent of Lord Amherft as Chairman and three other Commiflioners, belongs neither to the Jefuits nor to the College. It was granted to Charles de Lauzon, Chevalier de Charny, (xxxvii) who afligned it to the Jefuits. (xxxviii) But that entire Seigniory having been previoufly granted to Mr. Le Gardeur de Repentigny, (xxxix) the pofterior Titles remained ever after ufelefs. Jo hs The Lot of Ground on the fouth-weft of the Falls of the Chaudière Côte de Lauzon, whereof the fame Schedule makes mention, (xl) granted in the intention of eftablifhing there, a Mis- fion for the Abenaquis Savages, was a project only, and the 4bc- naquis refufed to co-operate. Finally the same Schedule speaks of the two arpens by eighty upon the River Ækanca, granted in Louifiana, (xli) for the pur- pofe of building there a Chapel and Houfe, but thofe grounds were and now are without the limits, of the Colony of Que- hec. | Now may it pleafe Your Excellency to confider what muft refult. Ist. From the proceedings of the Nine Commiffioners, On the 23rd January 1788, the Commiflion was opened, (xlii) amongft the points which the Commiffion requires to be. afcer- tained, is mentioned that of the claims which the heirs of the we th xxxv). Grants of 16 Sept. 1683 and 13 May 1685. xxxvi) Contract passed before. Mr, Barbar, Notary at Quebec, the 24th April 1712, enregistered Book A, p. 176. xxxvii) Grant of the 15th April 1682. texxviil) Assignment of the 10th Sept, 1687. (xxxix) Grant by Company of Canada, of the 16th April 1647, enregistered in Cahier 10 of the Intendance, ‘414. RE: (xl) Title prescribed of the 9th June 1686 and 14th Octr. 1689. (xli) Title given in Lousiana of the 28th Nov. 1689. __ » (xlii) Book B, entituled Procceedingsof the Commissioners &c. Signed by them which Mr. Chandler referred to annexed to Report drawn by him and delivered is to ~ 142 particular donors might make, but it omits the queftion and the manner of afcertaining the claims of the Canadians intimately in- terefted in the foundation for their religious inftruction, and of 120,000 fouls and upwards in this country, without diftinétion of birth or religion, so far as civil Education is concerned, although fome of them had previoufly prefented to Your Excellency a Pe- tition and Memoire annexed to it. (xliii) The 9th of February following the nine Commiflioners at a Meeting (xliv) nominated Mefsrs. Tafchereau and Scott, to make refearches in all the Pu- blic Offices, to caufe to be made authentic Copies ofthe Titles and Plans which the Jefuits voluntarily lent, (xlv) upon the condition that the Originals fhould be returned them, and it was refolved that from thefe they fhould draw up inftruétive Reports, as well as of all obftacles and difficulties that might vccur, and that upon the whole Mr. Chandler, the Chairman, might aflemble all the Commisfioners. (xlvi) rs As early as the 17th of March of the fame year, (xlvii) and not withftanding the indispofition of Mr. Scott, Mr. Tafchereau laid before the Affembly a volume of Copies, (x!viii) and of Title Deeds and Plans in very good order, with an ample inftructive Report. As it was impoffible to afcertain in due form of law all the points propofed by the Commiffion, without in the firft inftance proceeding lawfully in the making of a Papier Terrier in Town and upon the Seignories,and that it was neceflary to oblige in due form of law all the fubjects of His Majefty, who poffefs and who have therein the property of the lands liable to homage, to cens and divers rents, or who have claims upon the foundation, to declare and fettle by Titles and evidence, in a reafonable but certain time, what each one owes and what is due to him, it was refolved on the fame day, that a provifional Report, in this re- fpect, fhould be made, and it was afterwards laid before His Ex- cellency, that a Proclamation might iffue or fuch other lawful mea- {ure for executing a Commiffion of this nature. | Notwithftanding the continual application and the activity of the Commiffioners, they had only Copies of the Titles and Plans; the execution of the remaining objects of the Commiffion was retarded, while awaiting the neceflary meafures at law. (xlix) On the 26th of Auguft, the Commiffioners and fome Jefuits (xlin) Petition and Memoire thereunto annexed of the 19th November 1787, men- tioning those previously made since the Conquest. xliv) Book B of the proceedings, page 18. xlv) Report No. 1 of the Titles, Pages 2 & 5. xlvi) Book B of the proceedings, page 18, signed by the nine Commissionets. xlvii) Book B ditto, page 22. | (xlviii) Book B of the proceedings of the 17th March 1788, page 23. _(xlix) Book B of the proceedings from page 23 to 34, where there isa Protest bya Notary at Montreal with a Note, writing, or opinion of the Honble. William Smith, Chief Justice, and a motion of Mr. Panet, 1438 being required to go on the 15th September to a Committee of the Council at the Bifhop’s Palace, the Commiflioners went there, and delivered in writing the caufes which retarded the accomplifh- ment of the Commiflion. The Committee caufed to be read the Letter of the Reverend Father De Glapion, Superior of the Je- fuits of Canada, addreffed to it, praying to be excufed if he could not atrend in perfon, and to confider that thefe Eftates were given to them for the fubfiftence of the Miflionaries and the in- ftruction of the Canadians; finally that their property was fully acknowledged in the Capitulation. (1) The Attorney General and Solicitor General had found a Proclamation expedient. (li) After- wards they moved that His Majefty fhould be immediately put in- to effectual and aétual poffeffion of all their Eftates, but the Com- miffioners faid that that point was not within their competence. The Committee of the Council held afterwards its Debates and Refolutions with clofed doors. Mr. Chandier, Chairman, and two other Commiffioners having afterwards met often upon the inqueft, without having notified the other Commillioners acknowledged the tact, ftating that his rea- fon for so doing was, that the whole fhould be fubmitted to ail the Commiffioners for their information and Refolutions. (lii) The 25th of the fame month of April, one year after the pro- vifional Report, the Commiffioners were required to report to Your Excellency. It was immediately (lii) refolved that the Commiffioners fhould | lay each his draft of a Report before the Aflembly to be held on the 28th April. Accordingly Mr. Panet fubmitted to them his draft of a fuch Report and of an Advertifement (liv) notifying the public, in default of a Proclamation, for each one to state within a certain fixed period what he owes and is due to him, by reafon of the Eftates of the Jefuits or of the College. As Mefirs. Chandler Chairman, Scott, Coffin and Lawe, often met without calling the other Commiflioners, and as the report required to be fent in without delay, made no progress.— Mefirs. ‘Taschereau and Panet demanded in writing from the Chairman a Meeting of the Commiflioners (lv) which he fixed for the 17th June; Mr. Chandler then produced his draft of a (1) Letter signed by the Basques De Glapion of the 10th September 1788. (li) Report of the Attorney «Ge and of the King’s Solicitor to the Committee of the Council of the 4th May 1788, and their draught of a Proclamation. (li) Book B. sitting of 18th April 1789, discourse of Mr. Chandler and answer in the s‘tting of the 23rd of the same month. eh 2 (liii.) Book B, sitting of 25th April 1789, Letter of H: T. Motz, Secretary, of the 24th April including part of a report of a Committee of the Council. | liv.) Book B. of the proceedir gs of the 25th April 1789, ty.) Book B. ditto. el Pr. me. Koon Das dr mg 1: à = rat . CNT ser ame À = PRESSE TE Dee 144 report of that date and of the Schedule No. 2 thereto annexed, which inftead of answering the four queftions propofed on the 25th April, advances without explanation and without citing any Law, that His Majefty is vefted with all the Eftates in queftion, and may lawfully give and grant them to Lord Amherst, and final- ly that no claims have been made. (lvi We immediately moved (lvii) that three of the Commisfion- ers of Montreal should be immediately fummoned to a Ge- neral Meeting of the Commiflion, to be held at Quebec in the following week, to examine the different drafts of Reports and to fettle one according to the majority of Votes. Mefirs. Chandler, Scott, Coffin and Lawe, objected and refol: ved among{t them, four only, that all the proceedings fhould be inftantly figned and fent to the three Commiffioners at Montreal for their Confideration, and for them to fign them if they ap- proved them. We did not fign this Report nor the Schedule, referving to ourfelves the right of examining them. Mr Chand- ler faid that he was going inftantly to fend Mr, Lawe with all the proceedingsto Montreal, and upon our Motion it was refolved to give us notice to attend as foon as the answer from Montreal fhould be received. (lviii) | | Whilst Mr. Lawe was travelling with only a part, though a con- siderable one, of the Papers, we were engaged in making at the office of the Commiffion, Extracts, Notes and Tranflations of the Papers which had remained there although the proceedings of the 17th June, required that all.the proceedings fhould be immedia- tely fent to Montreal, and the Commiflioners summoned to come to Quebec to the Aflembly —But upon the 27th June, Mr. Chandler, confounding his qualities of Chairman and Agent, . (tix) more zealous and less liberal than his principal, took unautho- rized posfession of our Extracts and the Notes for our own ufe, by feizing them with the aid of his Interpreter, reproaching Mr. Genet, the Secretary of the Commiflion, with having contrary to his Oath allowed us to make Notes. Mr. Genet behaved very well in respect of us, {lui } Report of 17th June 1789 and Schedule No. 2, annexed thereto, signed only K. Chandler, T. Scott, J. Coffin and Geo. Lawe. (Ivii.) Book B. ditto same day, motion by G. E. Taschereau seconded by Mr. Pa- net, Commissioners. Remark.—'These three Commissioners at Montreal were James McGill, Quinson De St. Ours and J. M. Hertel De Rouville, Esquires, authorized to = er by resolution of the nine Commissioners of the 14th Feb. 1788, Book B. p- - ts Book B. ditto same day. tix) Letter of 5th January 1788, to George Pownall, Esquire, signed K. Chandler, who becomes surety or binds himself to for my Lord ‘ond ing and execution of the Commission. se y “ord Amherst all the fees of the isst~ 4 —J a eS SS 7 3 mm NN SS SE D SS 6 145 On the 29th June the Secretary demanded in the Afemb'y which he had obtained at our inftance, a refolve whether, accord- ing to the tenor of his Oath taken the 26th January 1788, (Ix) not to give not to allow to be taken by others than the Commi fiioners any Copy of the proceedings, he was juftifiable in having at the re- queft of Mr. Chandler, (lxi) kept down to that time our extracts and Notes. We SBR: Could Mr. Chandler deny having made and fent to Europe a multitude of Copies and of Notes of what had taken place at the Inquest fince its opening ? Nevertheless, our Extracts and Notes! wherewith he had fatisfied himfelf at his leifure, were reftored us; Having feen Mr. Lawe for the firft time after his return at this meeting, Mr. ‘Tafchereau moved that he fhould make a report of his proceedings at Montreal —He faid that the Three Commis- sioners who were there would not fign the Report of the 17th June nor the Schedule, No. 2.—This was not matter of aftonifh- ment to us, but feeking the reafon why they had not immediately come down to Quebec, according to the Motions, Debates, writ-. ings and Refolutions of the 17th June, whereof we thouglit that at leaft a Copy had been fent with the papers, it was ascertain- ed : (Ixii) Ift— lhat Mr. Chandler had fent off Mr. Lawe precipitately from Quebec, on Thursday the 18th of June, at four o’Clock in the morning, before the regular Post which leaves Town on the fame day at four in the Afternoon. . 2d.—That he carried with him a Box full of Books, Titles &c: (ixiii) with the Report drawn up by Mr. Chandler, dated the day before, and the Schedule, No. 2 annexed thereto; but not the Book (B) of the proceedings nor a Copy of the Motions, debates and refolutions, and particularly thofe of the 17th June, (lxiv) which required the prompt arrival of the three Commiffioners 10 meet a General Affembly. 3d. ‘That as early as Friday the 19th June, Mr. Lawe having ars rived at Montreal, wrotehis letter to the three Commifloners ,in which he hurries them to fign immediately all the Papers, Reports, &c. confided to his care, telling them that his ftay at Montreal is samedi , ; os ‘ Ix) Book B. Le pi Pes. + ae | isi) Book B, of the proceedings of LE SUR Jame 1780 à _lxiii) List of the Books, Paper, &c. dated and received the 17th June 1789, signed Geo. Lawe. ar aa = | (li) Book B. of the proceeding of the 29th June1789, Declaration of Mr. A. H: Genet, Secretary. aE Ny (Ixv) Letter dated at Montreal on Friday evening, signed Geo, Lave, addressed to Messrs. McGill, Rouyille and St. Ours, 146 fo limited by the Commiflioners at Quebec, that he cannot risk prolonging it farther than Monday then next, or the 22d. June at Noon, and he hopes you to be able to leave Montreal on Satur« day the 20th June. (Ixv) He must have had it in view to get be- fore the regular Post with the three Commiffioners at Montreal, & the return of the Post which would have facilitated our Correspon- dence with the three Commiffioners at Montreal. 4th—deprived of the Book (B), Copy of the proceedings of the 17th June, and of our Correspondence and hurried in this manner, the three Commiffioners of Montreal wrote as early as Saturday the 20th, their complaints of this precipitation, maintaining that it reduced them to an impoflibility of examining fo many Papers in fo fhort a time and to give their fanction to fuch a bufiness, & ftating as their opinion that in the very firft inftance a Public Advertife- ment fhould require the declaration of the claims that there may be upon the Lands in queftion.—Finally that they truly regretted that the meafure of fummoning them to Quebec to make their, Report had not been adopted. (Ixvi) | That finally Mr. Lawe had returned to Quebec, as early as Tuesday the 23d. June at two o’Clock in the morning, and w¢ only faw him at the Affembly of the 29th. - Under thefe circumftances we made another motion (Ixvii.) inftantly, that the three Commiffioners who, with us, made five of the fame opinion, according to their letter in favor of an ad: vertifement to the public, as well as for an examination and Re- port by the majority of Votes, fhould immediately be required to be prefent at an Afsembly at Quebec on Monday then next or 6th of July, but the four Commiffioners abfolutely refufed this and refolved amongft themfelves only, to deliver in, and they did deliver in, to Your Excellency, as early as the 30th of June 1789 their report, dated the I7th, withthe Schedule No, 2, annexed thereto and a part of the papers, omitting amongst them the Book B. (Ixviii.) of the proceedings, the original Reports of the Titles Nos. 1, 2 and 3, the draft of a Report and of an advertise ment laid before the Afsembly the 2d May preceding, as well as all the Papers to which the Book B. of the proceedings refers. We did not fail to lay before Your Excellency on the fame day, the 30th of June, our most humble obfervations upon thefe facts (Ixix.) and upon fuch a report with its Schedule No. 2, sign- (ixvi) Letter dated from Montreal, Saturday the 20th June 1 ; e Mooi Quinson de St. Ours ane J. B, Hertel de Rouville. I Se 2: Ixvii.) Book B. of the proceedings of the 29th June 1789. : (sn List of Books and papers at the foot of their report dated 17th June 1789. xix.) Written observations of the 30th June 1789, signed G. E. ‘lascherean and A = —— Commissioners which they instantly delivered in themselves to my Lord rchester. | 147 ed only by four, submitting that they could not be considered as the majority of nine, nor ought they to be maintained in the in- fractions by them committed of the previous refolutions of ali the Commiffioners, and concluding forthwith that the Book B. and the papers omitted fhould be delivered in, and that the Chairman fhould be held to convoke promptly an Affembly of the nine Commiffioners, for the purpofe of making according to the major- ity of Votes a true and just report, either provisional or final, up- on the subject matter of the Commiflion, re eS =. Since that we have received in communication only what is mentioned in the Letter of Jenkin Williams, Esquire, Clerk, of the 27th August last, and have not down to this time feen any denial on the part of Mr. Chandler of the facts advanced in our observations and fusceptible of proof. The love of truth and of Justice had dictated them to us only in the hope that of neces- sity his Majefty would be made acquainted with them. 2dly. Of the Report of James Gray, Efquire, Attorney Ge- neral and Jenkin Williams, Efquire, Solicitor General of His Majefty, dated the 18th May 1790. ; | Their functions regulated by the Laws of Canada in refpect of Civil matters are those of Advocates or Attornies General in a Parliament. ‘They are stiled Attornies of the King or their dele- gates, and in the Inferior Tribunals are inftituted, For the pur- s pofe of maintaining the interests of the King or of the Public, € of the Church and of minors. It is for this reafon that all cau- « fes wherein thefe are concerned are communicated to them, & and after the Advocates of the parties have been heard, « they give their conclusions.” (Ixx.) The Court is not obliged to follow their opinion becaufe they are not Judges. (lxxi.) . They say they have studied much. 1. To what extent they had been able to execute the Com- miflion. s 2, What remained to be done to fulfil it. 3, What obftacles were encountered. _. 4,-By what means thefe obftacles might be removed and the Commiflion fulfilled. | ist. The proceedings of a Committee of Council of this Pro- vince underthe Royal Order bearing date at St. James the 18th August 1786. Se FBSA SES ALS rae 2d. That they have considered that the object in view by His Ixx) [Introduction à la pratique par Ferrière verbo avocats généreaux, Ixxi) Ibidem verbo procureur général, U | EE A NS eee F - — _ t ? PL ees Tye « pe - _ P r - was SA Fr a A À Se ele een Nee We ne a me = : re 150 Lands in queftion” His Majefty does not by this order declare that he hath fupprefled or doth fupprefs the order of Jefuits in Canada, ftill lefs that their eftates belong to him, and that at all events he gives them in the whole or in part to my Lord Am- herft, onthe contrary, His Majefty approves the Report of his Pri- vy Council, which goes to the decifive point that, after the faith- ful Report of fuch an Inquefl, there fhali be paffed a Grant accor- ding to Law under the feal of this Province, in favor of my Lord Amherft, his heirs and affigns, of fuch parts, & not of the whole, of the Eftates belonging to the Jefuits, as can be lawfully granted. It is not then fufficient that it be found that parts be afcertained to be of the Eftates belonging to the Jefuits in Canada, it is ne- ceflary further to afcertain by a lawful inqueft, that their Eftates can, or could not, be lawfully granted by His Majefty to my Lord Amherit. | The fpirit of the Royal order, by all the propofitions and con- ditions which it wifely contains, fhews clearly the true and effen- tial queftion which His Majefty was pleafed to permit to be treat- ed fully and with freedom as well as with refpect :— What portions of the Eftates belonging to the Jefuits in Cana- da, could His Majefty on the 18th of Auguft 1786 lawfully give or grant to my Lord Amherft ? Is it fimply to order that you fhall afcertain in due form of Law, whether in fact and in Law, and in what manner, the King had, on the 18th of Auguft 1786, a right to give to my Lord Am- herft certain portions of the Eftates belonging to the Jefuits in Canada, and, if fuch be the cafe, a lawful grant fhall be executed upon the conditions contained in the order. It cannot be denied that this was the queftion for the Royal Commiflion of the 29th December 1787, although it confiders what is not in the order of the 18th Auguft, to wit: that His Majefty was moved concerning the Eftates and Lands to His Majefty belonging, adding, and heretofore held and claimed in this Province of Quebec by a certain religious community known by the name of the order of the Jefuits, neverthelefs the fame queftion is there propofed, which is the fourth, with what por- tions of the faid Lands His Majefty is now vefted, and he can lawe fully give, in the above mentioned manner. The orders of the Commiflion do not then abfolutely determine that the King is vested with the Eftates belonging to the Jefuits, nor that His Majesty pur pofes to give them in any other manner that the Law appoints, but in both these documents the queftion only is ftated, a queftion which certainly comprehends a confidera- ble number of others, and which requires the confideration and 151 the faithful Report of all the particulars of fact and of Law, fore- feen and unforefeen, by the Attornies and Solicitor General of England, and to convince onefelf of this truth it is fufficient to obferve that the four Commiffioners, the King’s Attorney and Solicitor General at Quebec, by their Report have undertaken to treat, although very fuperficially, and even to decide this great queftion. That they fubmit to His Majefty that the faid feveral particu- lars, and all other material circumitances attending the Lands in queftion, may be beft afcertained by an enquiry inftituted in the Province by Commiflioners to be appointed by His Majefty’s Go- vernment, or by fuch proceedings in the nature of an inquifition, as he fhould find moft convenient to the Laws and ufages of the Province, to inftitute for that purpofe, and that until thefe par- ticulars fhould be fuliy afcertained, they were {till unable to pre- pare fuch giant to the Petitioner as would be valid in Law. The Lords of the Committee of Council on the Lith Auguft 1783, took into confideration the Report and the Petition there- in mentioned, and find that His Majefty was pleafed by His Or- der in Council, dated the 9th November 1770, to liften to the prayer of the Petitioners and to Order that there fhould be pre- pared the draft of a proper Inftrument, to be pafied under the Great Seal of Great Britain, for granting to Lord Amherft the Eftates belonging to the Jefuits in Canada, referving to His Ma- jefty for Public ufes the Colleges and Chapels, with their appur- tenances, which belonged to the Society in Quebec, Montreal and Trois-Rivières, the Grantee engaging to make fatisfaction to fuch of the then poffeffors as were in pofleflion at the time of the Con- uest. | : The Lords of the Committee are in confequence of opinion, that in confideration of the difficulties and delay that had hitherto attended the carrying into effect His Majefty’s Gracious intention in favor of the Petitioner, His Majefty might authorize and direct the Governor of the Province of Quebec, to caufe the feveral par- ticulars ftated by the Attorney and Solicitor General in their a- bove Report and all other circumftances attending the Lands in queftion, to be ascertained by Commiflioners to be appointed by His Majefty for that purpofe, and that upon return thereof, the Governor fhould pass a Grant under the Seal of the Province, to the Petitioner, his Heirs and Affigns, of fo much of the Eftates belonging to the Jefuits in the faid Province, as might be legally granted, under fuch tenures and fubject to all fuch payments and other rights of Seigniory, as might by Law belong to His Majefty, his Heirs and Succeflors, and under the refervations and conditions < 152 mentioned in His Majefty’s prior order of the. 9th November $770, and excepting thereout fuch parts or parcels thereof as His Majefty’s Governor fhould judge neceflary to be referved for Public ufes, and fuch Grant to be fubmitted to His Majefty’s fur- ther confideration. | The 18th of Auguft 1786, His Majefty after having taken the faid Report into confideration, by the advice of His Privy Counul was pleafed to approve the recommendation therein contained, and to direct as by the faid Order it is directed, that the faid Re port fhould be exactly followed and put into execution whereof the Governor or Commander in Chief of the Province of Quebec, for His Majefty and all others concerned therein, fhould take notice, and conform themfeves thereto. | be du RP es Be + LETTER, without date, from the before named Revd. Father De Glapion direéted to « Monfieur Louis Germain, fils, Negociant Quebec.” The greater part of the Eftates, Lands, and Pofleffions which the Jefuits, now being in Canada, have enjoyed and ftill enjoy as well in Fief and Seigniory as in Roture, were given to them in full property by the Kings of France, the Duke of Ventadour, the Commercial Company of Canada, and by generous individu. als for the fubfiftence of the faid Jefuits, on condition that they would employ themfelves in inftruéting the Indians and the Young French Canadians—The Jefuits acquitted themfelves fo well of thofe two obligations that they merited, that Louis the Fourteenth of- Glorious Memory, fhould by His magnificent Diplomaof —__ renew and ratify in their favor all their Eftates and all thofe gifis to them made Some other portions of proper= ty were purchafed by the old Jefuits with their own monies, and thofe purchafes were approved by the above mentioned Diploma, But in October. 1789 the Jefuits then being in Canada were re- duced to the number of four and all of an advanced age—confe- quently they were no longer in condition to acquit, by themfelves, the ftipulated obligations to inftruét the Savages and young Ca- madians, | Therefore they renounced purely, fimply, voluntarily & bona fide all property and poffeffion thereof to the Canadian citizens, in fa- vor of whom they were made, to the end that under the direétion and.authority, and with the approbation of Monfeigneur Jean François Xavier Hébert, moft illuftrious and Revd. Bifhop of Quebec, and of his fucceflors Bifhops, provifion may be made for the inftruétion of the Savages of Canada and of the young Canadians, 153 This furrender, renunciation and affignment of property made for the benefit of the Canadian citizens and of the Province of Canada upon the clauses and conditions following. 1. That the Jefuits refident at Quebec, fhall enjoy until the death of the laft of them, the building which they occupy that has a view upon their upper Garden, and whofe front is to the South, that they fhall enjoy the faid Upper Garden, and the tuft of wood or the boccage whichis at the end of the faid Garden towards the north-weft—That they fhall enjoy their Stables, Ice Houfe, Yard, Wafhhoufe, Well and Woodhoufe—That they fhall enjoy their Library and moveables, in their chambers, and in the whole building which they referve to themfelves—That they fhail enjoy their Church, their Veftry, and all the movea- bles and ornaments which are inthe faid Church and Vestry— Their Veftibule and the building (congregation ) where the citizens congreganistes meet at leaft once a week to the edification of the Public, that the faid Jefuifts refident at Quebec fhall continue to receive each: year acertain quantity of Hay, which is due to them in virtue-ofa contract pafled between them and the Sieur Jean Baptifte Nor- mand, living near the paffage of the River St. Charles. Second condition—That Father Etienne Thomas de Villen- euve Girault, Miffionary of the Hurons of the Nouvelle Lorett:, fhall enjoy during the whole of his life the Church and Veftry, and all the moveables and Ornaments therein—That he fhall en- joy all the Buildings and all the moveables with the Utenlils of the Garden, the Yard and all the Meadows which he hath en- joyed down to this day, that the faid Father , Girault fhall have the right during his whole life and without paying therefor—to have ground at the Mill of New Lorette, all the grain whereof he fhall have occafion for his fubsistence and that of his fervants. Third condition—That Father Bernard Well, fhall continue _ during his whole life to enjoy the Chapel and Veitry and the Ornaments and moveables therein, and the Buildings, Gardens and Yards which he hath enjoyed down to this day in the Town of Montreal. Fourth condition—That the Canadian citizens fhall pay every year to each of the four Jefuits who are ftill living, an annuity of 3000 livres at the rate of the Province—which annuity fhall be paid at two terms, that is to fay, that they fhall pay to each of the four Jefuits 1500 livres every fix months, and the faid annui- _ ty fhall ceafe to be paid to each of them as each departs this life. 154 Quebec, Sist October, 1789. Sir, | I forgot to apprize the Canadian Citizens that our residence of Mon- treal is charged with a rent of “20,000 livres Capital, in consequence of which the Reverend Fathers Floquet and Wee have for many years paid to Mr. Panet, Judge at Quebec, an annual rent of one thousand livres. 1 beg that you will mention this to them and you will oblige : Your Servant, (Signed) GLAPION, Jes. To Mr. Louis Germain, Junr. Merchant in the Upper Town of Quebec. “th December 1758.—Conftitution of 1000 livres annual rent granted by the Revd. Fathers Floquet (Pierre Edouard) Superior ofthe Refidence of the Jefuits at Montreal, according to the ad= vice and with the approbation. of the Revd. Father Jean Saint Pe, Principal of the College and Superior General of the Miffions of the Company of Jefus in New-France, to Mr. Michel Martel, Principal Clerk of the Marine, doing the duty of Commiffary General (Commissaire Ordonnateur) at Montreal, payable an- nually on the 28th of Auguft, for fecuring which rent and the principal thereof, there isa Special hypothéque, upon the Sei- gniory of Laprairie de la Magdelaine, and generally upon all the Property, moveable, immoveable, prefent and to come, of the re- fidence of Montreal, without that one Obligation derogate from. the other. | The faid Conftitution made in confideration of 20,000 livres and to fettie that of a like fum being the amount of the Note of hand of the faid Father Floquet, in favor of the faid Martel of the 18th Augutt last, delivered up to the faid Floquet, the faid 1000 livres redeemable in one or more payments, whereof the leaft fhall be of 4000, giving previous Notice in all the month of October. The: said Contract is Signed upon the exemplification thereof, Bouron and Douire De Bleury, Notaries, and Sealed with the Seal of the Royal Jurisdiétion of Montreal, the 9th December of the year 1758. The faid Contract of Conftitution was enregiftered at the office of the Provincial Secretary the 21st. February 1770, in the French Regifter Letter (D) Page 650. Affigoment of this Contract of Conftitution by Jean Dumas, Esqr. Juftice of the Peace at Montreal, Attorney by fubftitution of Chriftopher Pelifier, who held a general power of Attorney of : S—<—_”-- S.à 155 Jean Michel Martel, and Dame Agathe Beaudoin, his wife, to Pierre Panet, Notary and Advocate at Montreal, in confidera- tion of the Sum paid to the fatisfaction of the Affignor, pafled be- fore Maitre Meziéres and his Colleague, Notaries, at Montreal, the 13th January, 1771. es. Acceptation of the faid Affignment by the Revd. Father Flo- quet, Superior, who acknowledges the fame to have been duly intimated to him, by Act pafled before the fame Notary the Eleventh of February of the fame year. | | The rents thereof have been paid up to the 8th March last, —— REPORT OF THE COUNCIL ON EDUCATION. To His Excellency the Right Honourable Guy Lord Dorcues- TER, Governor General of the Province of Quebec, &c. &c. May 17 PLEASE Your Lorpsnir, The Committee being this day affembled, in obedience to Your Lordfhip’s Order, came to fundry Refolves thereon, as expreffive of their wnanimous opinion ; which, with the caufe of the delay of their deliberations and Report, are contained in the Copy. of their Journal hereunto annexed. | All which is nevertheless fubmitted to Your Lordfhip’s great wisdom. | By Order of the Committee, Quebec Council Chamber, at the Bifhop’s Palace, — Thursday 26th November 1789. (Signed) WILLIAM SMITH, Chairman. ee i 2 ” JournaL of a Committee of the Council charged to report on the fubject of the Education of Youth in this Province. _ Ata Meeting, Thursday 26th November 1789, À PRESENT, The Chief Juftice, Mr. Grant, Mr. Dunn, | Mr. Baby, Mr. Delery, . . : Mr. Dupré, - se: Read the Order of Reference, dated 31st May 1787. THurspay 3ist May 1787, His Lordfhip called the Er of the Council to the great 156 object of the Education of Youth through all the extent of the Province, and it is committed to the Chief Juftice, Mr. Dunn, Mr. Mabane, Mr. Delery, Colonel Caldwell, Mr Grant, Mr. De St. Ours, Mr. Baby and Mr. Dupré to report with all convenient fpeed, the beft mode of remedying the defects, an Eftimate of the Expence, and by what means it may be defrayed,—Any other Member aflifting the Committee, to have a voice. (Signed) J WILLIAMS. Obferved by the Chairman, that His Lordfhip’s Order fuppo- fing defects in the means of Education, the duty of the Com- mittee feemed to be to explore the caufes and point to the re- medy. That as the fubject was not capable of the discuffion the refe- rence required without fome local information, he had fince put a feries of queftions into the hands of Mr. Panet, one of the Canadian Lawyers, in the hope of being able to have fpread be- fore the Committee pertinent communications from every Parith of the Ancient Settlementsin the two Diftricts of Quebec and Montreal. | The Queftions were thefe—‘ Enquiry to extend to :— « (1) The condition or prefent ftate of Education. A lift of the 6 Parishes and incumbents, and of the number of the Parifhoners in each, and the amount of their respective Church Revenues. «© The number of théir Schools, and the kind of inftruction. What their fupport ? Can it be true, that there are not more than half a dozen in a Parifh that are able to write or read? (2) «The caufe of the imperfect ftate of inftruction. What kinds of public and general tuition are eftablifhed ? What the Funds? What the Income? To what the ufes and ends? « What the impediments ? - A Minute detail defired, that the remedy may be the better adapted to the evil, and the neceffity there is for proper infti- tutions. ) | : | (3) The remedy or means of inftruction. ‘The main object is the cultivation of knowledge. ad « Suppofe a Union for this purpofe fafe to the Catholic as well as Proteftant perfuafions, and encouraged by all enlightened and patriotic characters, whatever the diverfity of their reli- gious tenets, is it poflible to hope to take a ftep towards efta- blifhing a Univerfity in the Province, or to find Schools intro- ductive of a Univerfity? How may inftructors be acquired ? «© By what means can a tafte or defire of inftruction be excited in the Parifhes? La) n axa 7 La) rn nw La) La) nw nw La) La La) La “ LS Lai La an La) nn DR PR 157 ** The means muft be adapted to the condition of the Colony. 1.—< To the strength and ability of the Inhabitants. 2,—4 To the aid to be expected from the Provincial Legislature. 3.—€ To the contributions probable from abroad, in money and books, and towards an apparatus for experiments in Na- tural Philofophy. | Upon the firft point, Bt à Will the Chief Inhabitants concur in asking for an incor- poration? Will the Subscribers for the Library place it in the hands of a Corporation for a College ? «© May any thing be hoped for, in the way of private contri- bution, for an erection of the eftablifhment, in any particular place or part of the Province ? Upon the fecond point. « What Lands of the Crown are there proper to be fettled for the ufe of fuch a Society ? Upon the third point. « Without an eftablifhment by Charter, every gift will be de- pendant upon private confidence, and then nothing is to be ex- pected from abroad. This will not be fo, if the Stock and «‘ Revenue are in hands having the confidence of the Govern- ‘ ment, and may it not be expected to find men of learning for « che profeffors’ chairs free from narrow prejiidices ? May we not flatter ourfelves, that a Circular Letter to the Paftors of each Parifh, will bring us an exact account of the & Parifhes, and awaken a fpirit of enquiry, and afford ufeful in- a A “a fF La) La) -~ wn nw La) a 6" = # “ formation of the peculiar advantages of the Parifhes for the ‘6 fpecial improvements of which they are capable ? The Chairman added. That as yet Mr. Panet had not (poflibly from the interruptions of his practice at the Bar) fent in any answers to thefe queltions. That this delay having been fuggefted to His Lordfhip in Council, upon his ufual call for quickening the unreported refe- rences, the Chairman then looked for the information from the good offices of Mr. Baby, one of the Members of this Com- mittee, who undertook to fpeak to Mr. Panet and forward the work. That the Chairman proceeded next, to bring the heads of the Clergy of the Catholic Communion acquainted with the benevo- lent intention of the Reference, and for that purpufe the follow- CES ing Letters were written laft Auguft. — ‘6 QuEeBEc, 13th Auguft 1789. « Right Reverend Sir, © À Committee of the Council, of which I am Chairman, ce “ec ee € La) La) La La) nw LS vw nn mn Lai 6 € - Lal “~ ww 66, 158 have had it in charge ever fince the 31st May 1787, to re- port to the Noble Lord at the head of the Government, upon the interefting fubject of giving a fpring to fcience upon a great fcale, by an Univerfity in this Province. | 6 The queftions inclofed, are ftated for acquiring fome infor- mation, preparatory to a Meeting of the Committee and were put for that purpofe into private hands, who have not fuc- ceeded, and are now fubmitted to your inspection, in the per- fuafion that your power and inclination, will be equal to a de- fign, which independent of the benefits of promoting the Children of this Country by qualifying them for public honors and Service, is conducive to the prosperity of the Pro- vince, and the intereft of humanity at large. <‘ ] have transmitted another Copy to your venerable Coadjutor, and I am perfuaded that our Committee will accept your’s and his aids, and those of all the Clergy under your care, with great gratitude, and be very ready to Co-operate with you in this . honorable and great work. « T have the honor to be, « Right Revd. Sir, « Your moft obedient and humble Servant, « (Signed) W. SMITH.” Monfeigneur l’Evéque de Québec. ‘ Quebec, 13th August, 1789. « Right Revd. Sir, : « The enclosed queries were designed to procure information for a report to the Governor General from a Committee of the Council, with a view to the erection of a University in this Province. « Having written this day to Monseigneur I’Eveque upon this subject, I send you a Copy of the queries, in the persuasion that your good offices cannot be wanting in a concern of such interesting utility, « J have the honor to be, Right Revd. Sir, ‘ Your most obedient and most humble Servt. | (Signed) = Wm. SMITH. « Right Revd. Mr, Bailly, Co-adjutor &c. &c.” oe » 7 << Le = > ti 159 [ Answers] « Quebec, 13th August, 1789. e Sir, *¢ I have the honor of your letter of this day, I shall have that of re- ‘ turning you an answer, when I shall have maturely considered the im- <¢ portant object to which it relates. : I have the honor to be, Sir, «© Your most humble and most obdt,. eat à « JEAN FRANCOIS HUBERT, _ Bishop of Quebec,” « The Honble. Wm. Smith. NE na ee ee eee € Sir, & It was this morning when I received the Honor of vour letter, E «¢ shall consider it a duty to return an answer to your demand as soon <¢ as it wi'l be in my power to do so, persuaded that you will assist in ‘ accomplishing a work so useful to the Province. «¢ T have the honor to be, Sir, Your most humble and most obdt. Servant, “ (Signed) CHARLES FRANCOIS DE GASPE’. Co-adjutor at Quebec. The Chairman then added, that he was lately honored with the fol. lowing communicative letter on the subject,’ from the Right Reverend Bishop of Quebec. Quebec, 18th November, 1789. «The Honble. William Smith, Chief Justice. & Sir, “ The following is the result of my reflections upon the scheme « which you did me the honor of communicating by your Letter of the « 13th of August. _ as gs « Nothing is more worthy of the wisdom of the Government under which we live, than the encouragement of science by every possible means, and with respect to ae fs , let me assure you, nothing can be more agreeable to my views aud wishes. At the name of an University in the Province of Quebec, my native Country, I bless the Almighty for having inspired the design, and my prayers are offered for the exe- 160 cution of it. However, as you give me to understand, that my opinion will be received with pleasure, I ought to suggest to the Honorable Council and to the Committee, in whose name, I conceive, you have written to me, the following observations. ce «c ce » cc ee ce LE 4 ce « e ce | 2 ce PT «ec ce ce ce ce €¢ ce ee ce at «ec «6 . € LA «ec cc cc cc «6 «6 “ec «c «sé ee a“ «6 ¢ “ Ist. It is very doubtful whether the Provinne can, at present, für- nish a sufficient number of students to occupy the masters and pro- fessors that.would necessarily be required to form an university. While there remains in Canada so much land to clear, it is not to be expect- ed that the Country inhabitants will concern themselves about the lib- eral arts. A farmer in easy circumstances, who wishes to leave his children a comfortable inheritance, will rather bring them up to Agriculture, and employ his money in the purchase of lands, than procure them learning of which he knows nothing himself,“and of the value of which it is scarcely possible he should have an idea. Every nation upon the Globe has successively given proof of my asser- tion, the sciences having flourished only when there have been more inhabitants than necessary for the cultivation of the land!—This is not yet the case in Canada, an immense space of Country, where the lands, little mmproved, offer on all hands wherewithal to exercise the industry and stimulate the interest of the settlers. The Towns therefore stand alone for furnishing Students to the University. ‘ There are but four Towns inthe Province : William Henry, still uninhabited : Three Rivers, scarcely meriting the name of a Town; The inhabitants of Quebec and Montreal, it is known, are not very numerous: Besides, it is probable, considering the present scarcity of money aud the poverty of the Citizens, that Montreal cannot send many youths to the University? In the course of every twa years, ten or twelve Scholars are sent from thence to Quebec to study Philo. sophy ; if more should come from thence, the whole town would mur- mur :—Many for want of Funds, are compelled to finish their stu- dies when only in the.class of Rhetoric—yet the Seminary of Que- bec teaches Philosophy gratis, as well as the other branches of sci- ence, and the greatest sum required from a Student, never exceeds twelve pounds sterling per annum :...Hence I conclude that the peris od is not arrived for founding an University at Quebec. “ 2d.—1 understand by “se J _a Company, Community or Corporation composed of several olleges, in which Professors are placed to teach several sciences. The foundation then of an Univer- sity pre-supposes an establishment of Colleges dependant thereon, and furnishing Students for it ; according to the most esteemed Chro- nologists, the University of Paris, the most ancient in the world, was only founded inthe twelfth Century, though the king Pat France had subsisted from the fifth.—N othing therefore seems to urge such an establishment in a Province newly risen into existence where there are but two small Colleges, and which might, perhaps, be obliged to apply to foreign Countries for professor PL PEUR We chairs, and for Scholars to receive their Triez: PR EEE _ ~ | OO, et RS RS nn Gé ES SD, « FR =: = ES EX = ss. _L= © D + = es _ «nn Lai so fF « “” Lal Lai La) Lai 161 ‘“ Tt will be objected that the Anglo-Américans, our neighboure, though the settlement of their Country is not of long date, have ne- vertheless furnished themselves with one or more Universities :——But it must be observed, that their proximity to the sea, which is not the case with us, having rapidly extended their commerce, multiplied their Towns and encreased their population, it-is not to be wondered that they should be more advanced than we are, and that the progress of two Countries, so differently situated, should not be exactly alike. ‘ 3d.—Supposing the two foregoing reflections refuted by others more judicious and wise, I wish to know by what plan it is proposed to govern the administration of this Community, before I take any step respecting the Clergy of my Diocese or the Canadians collective- ly. The project of an University in general does not meet my senti ments. I should like a more minute detail. How many different sciences are intended to be taught there? This question is import- ant ; agreater number requiring, of necessity, a greater number of professors, and consequently, greater Revenues.—=Is it intended that it should be governed by one Rector, or by a Society of Directors? If by a Rector, is the appointment to be for life, oris he to be re- moveable at the end of a given number of years? Who are to be the persons to nominate either him or the Directors, if that mode of Ad- ministration were to take place? Would it be the King, the Go- vernor, the Citizens of Quebec, or the Province at large? What rauk or character would be given to the Bishop, and what to his coad- jutor inthe Establishment ? Would it not be proper that both, or one at least of them should hold a @istinguished station ? «¢ This is not all, an Union protecting the Catholic & Protes- tant Subject had been previoufly announced. ‘Thefe terms are very vague. What are the meafures to be taken to procure fo neceffary a junction ? will it be anfwered by propofing for the univerfity, perfons unprejudiced in their opinions? this, far from refolving the difficulty, feems only to encreafe it. For what is meant by perfons unprejudiced ? the true fenfe of the expreffion rélates to perfons who are neither unwifely prepof- feffed in their notions in favor of their own nation, nor unad- vifedly zealous to infpire into youth not inftructed therein, the principles of their Communion; further, they ought to be virtuous and moral perfons, who govern themfelves by Gofpel principles and Chriftianity : whereas in the ftile of modern writers, a perfon unprejudiced in his opinions, is one who oppofes every principle of Religion, who, pretending to con- duct himfelf by the law of nature alone, foon becomes immo- ral and not fubordinate to the Laws, fo neceffary to be in- culcated upon youth ; if it be intended that they fhould con- duct themfelves uprightly; men of this character (and this PES RE >. € d € ec L 44 66 ee ee ae LES € Le] 6 $ cc Li ç € 8 5 ce “ce ec ce & nn hm a rl OU CUM ce 162 age abounds with them, to the misfortune and revolution of nations) would by no means fuit the eftablifhment propofed. « After thefe preliminary obfervations, which feemed to me effential, I fhall endeavor, sir, to anfwer your different quef- tions. « Question 1.—The condition or prefent ftate of Education :— Lift of the parifhes and incumbents, and of the number of the Parifhioners in each, and the amount of their refpective church revenues” BAS & Answer Nothing fo eafy as to give a lift of the parifhes and incumbents, but it will be fhewn by and by that fuch lift is unneceflary, in the bufinefs in queftion. It is not fo eafy to fhew the amount of the Church Revenue. . « ].— What is termed ecclefiaftical contributions or oblations, is merely a cafualty. « 2,—Tithes are not fo rigoroufly exacted, nor in the fame proportion asin Europe. Here they are only the 26th part of wheat, oats and peas; ’tis true, they muft be brought to the parsonage houfe. To this are reduced in Canada. what are called in England predial Tithes. Refpecting the mixed Tithes, collected upon hogs, milk, wool &c. andthe perfonal Tithe collected upon manual labour or works proceeding from induftry, fuch as the mechanic arts, fifheries &c. they are al- together unknown and difufed in this country. Our Tithes therefore proceeding but from grain, are liable to great chan- ges of augmentation or diminution from one year to the other, depending upon a favourable or unfavourable feafon. ‘There- fore it would be difficult to afcertain with precifion the amount of the revenues belonging to the incumbents. 7 « Duestion.—What ichools are there, and what is the kind of inftruction ? what is their fupport ? “« Answer.—The Reverend Fathers the Jefuits of Quebec, Lai cé € € “ 4 « Li 6 ‘ [As a 7 A before the year 1776, always kept or caufed to be kept a’well regulated fchool, where young perfons were taught reading, writing and arithmetic—this fchool was free to every one. But Government having thought fit to lodge the records of the Province in the only apartment of the houfe where fcho- lars could be.admitted, the Reverend Fathers could not con- tinue the good work. “A | « There are fome Canadian Mafters in Town who for pay- ment teach reading and writing—their fchools are regular and ‘daily, and pretty well frequented—the parents of the children fent there are tolerably well fatisfied with the progrefs they make. | | 6 ç ‘ € nn « ee LL € c LA € € ec ‘ ce LA ce e¢ [41 «ce se ce LA « cc D 0 D | LA) cc “ec cc cc «ec ce | ce ee c ce a“ iti s sc 163 sf At Montreal, the Seminary ever fince the time of its in- ftitution has fupported a free fchool, where children of all ranks are taught reading and writing. Books are given them As This fchool remarkable for its extreme regularity, has ad three hundred children at a time. : «The Nuns or congregated fifters at Montreal have a nume- rous boarding fchool for the inftruction of young gentlewo- men. T'he Urfuline Nuns at Quebec and Three-Rivers, have each another boarding fchool ; alfo the’ Nuns of the General Hofpital of Quebec. The young ladies in thefe fchools are taught reading, writing, needle and other work, fuitable to the fex, fuch ‘as embroidery &c.; but above all things, they are taught virtue—public fchools are alfo kept for young women in the three Towns of the Province, one at Montreal by the congregated Sifters, one at Three-Rivers by the Urfulines, one at Quebec by the Urfulines, and one by the Sifters in the Lower-Town, the Schools kept in the Country Parifhes by Miffions from the congregated fifters muft not be forgotten. They fpread a great deal of inftruction. ‘Thefe communities at their own charge fupport their refpective fchools, and they are alfo fupported and encouraged by the attention and vigi- lance of the fuperiors of the Church, who are careful to fee that the intent of the eftablifhments be fulfilled. Above all things, the minds of the children in thofe fchools are infpired with morality, and a love and veneration for religion, the prin- ciples of which they are taught to underftand. ~ : À « ‘There are fome Englifh Mafters who teach Schools at Que- bec, Montreal and Three-Rivers, but I do not know their different branches of Inftruction, nor their fupport. | “ Question. —Can it be true that there are not more than half a dozen in a Parifh that are able to write or read ? « Answer.—Such a report, it is true, is publicly fpoken of, and if Imiftake not, malicioufly fpread abroad, to difgrace the Canadians. : The impofition hath even reached His Royal Highnefs Prince William Henry. It would be difficult to prac- tise fuch deception upon perfons well acquainted with the Pro- vince. For my part, I am convinced that upon an average, from twenty-four to thirty perfons may eafily be found in every Parish who can read and write. is true the number of wo- men fo inftructed, exceeds that of the men, . “ Question.—The caufe of the imperfect ftate of inftruction. What kinds of public and general tuition are eftablifhed ? what the Funds? what the Income? to what the ufes and the ends ? Y | | | 164 & Answer,—Claffical learning and Rhetoric are publicly taught in the College of Montreal fince the year 1773, and Geograe phy and Arithmetic are beginning to be taught—I have reafon to expect this Establifhment, wii in time produce a good effect, —The Proprietors of the ollege folicited me in September laft, to let them have a Profeffor of Philofophy and Mathematics, and I fhall do all in my power to procure them one,—The College belongs to the Adminiftrators of the Parifh Church Revenues of Montreal, it has no other fund than the board paid by the Students, and the liberality of the Ecclefiastics of the Seminary—The Charch-Wardens feem to have its fupport much at heart, it is already of great Public ufe. Boys who cannot afford to live in the College as boarders, are received as day Scholars, for the moderate Sum of one Gninea per ane num, «© The Seminary at Quebec was founded and endowed by Mr, Francis De Laval de Montmorenci, firft Bifhop of Canada Its own Revenues fupport it. The Adminiftration of thofe re- venues is fubmitted to the inspection of the Bifhop, who ans nually examines the accounts of the income and Expenditure, as well as thofe of acquifitions made under the Foundation. This Seminary, by its Conftitution, is only held to inftrué& young Clergymen for the Service of the Diocefe, but fince the conqueft of the Province by His Britannic Majefty’s Arms, ‘ Public inftruction has been voluntarily and gratuitoufly given Theology, the Claffics, Rhetoric, Moral and Natural Philofo- phy, Geography, Arithmetic and all the different branches of the Mathematics are taught. It has produced and produces daily learned men in ali the fciences they have ftudied, capable of doing honor to their Education and Country, Witness Mr. Deléry, Mr. De Salaberry, Mr. Cugnet the younger, Mr. Descheneaux, &c. without naming a great number of Eccle- fiaftics who distinguifh themfelves among our Clergy. | “ When Englifh young Gentlemen have defired to come into ‘ the Seminary they have been admitted there upon the fame footing with Canadians, without any diftinction or partiality. ss They were exempted, however, from attending Religions du- “ ties, differing from the principles of their belief. | “ I fhould not omit mentioning, that, fince the Conqueft, the s‘ Bifhops of Quebec have always refided at the Seminary, where it ** is made a point of duty to furnifh appartments and a Table for * them gratuitoufly and honorably.—Moreover, this Seminary has “ always been remarkable for the Charities daily beftowed there, “ as for zeal in cafes of Public contribution, — <= - = - sc xs = = 165 ** Question—Whence proceed the disconragements and faults ? . ** Answer—lIt may be answered, that of ali the Young Gen- ** tlemen, naturally ftudious and virtuous, who have begun their ** ftudies at a fit age, not one has been discouraged at the Semi- ‘ nary ; they left it with thanks and acknowledgements for the ‘“ principles they learned. Indeed, there has been found among *‘ the number, fome of ftubborn difpofitions, little adapted for the ‘“ fciences, or incapable of that reftraint which is neceflary to the ‘ acquifition of good morals. Thefe have gone away ignorant, “and unfortunately, judging by their incapacity, an unfavorable ‘ opinion is entertained of the learning to be acquired in the Se- ‘ minary. Hence, proceeds the idea, pretty generally propagated, “ that mone are admitted into the Clafles there but fuch as are ‘ difpofed to take up an. Ecclefiaftical life—that their inftruétion “ is directed only to that ftudy, and otherwife very contracted ; ‘ anidea that could not be reprefled even by the Publication in “ the Quebec. Gazette of the 4th of October 1787, No. 1155, ‘ which announced to the Englifh and French Youth the open- “ing of the ordinary Mathematical Class at the Seminary, where- ‘“ in would be taught, according to ufage for twenty years back, ‘ Arithmetic, Algebra, Geometry, Trigonometry, together with st Conic Sections and Tactics, in both languages, and without ex- ‘€ pence to the Scholars. | dass ‘ The preference given to old fubjects and evento ftrangers, “ over the Canadians in Appointments. to Public Offices and ‘ places of Truft, may, perhaps, be an additional caufe of dis- “‘ couragement. But this is not within my sphere, nor is it with «¢ me to enquire whether fuch complaints are wellor ill founded ; ‘ befides, it is my duty and the duty of all my Countrymen to ‘ render endless thanks to The Right Honorable Lord Dorchefter, “ for the favours he has been pleafed te heap upon our Nation # whenever opportunities have offered. “ Question—The remedy or means of Inftruction —What ‘6 fteps can be taken towards eftabiifhing a Univerfity in this ‘ Province ? or Schools introductive of a Univerfity ? “ Answer—To this I answer :— 1.—That according to my firft obfervation at the beginning of « this letter, it appears we are not yet arrived at the period for « eftablifhing an Univerfity at Quebec. | Te) -2,—That in order to putthe Province in a ftate of enjoying, in « the process of time, so precious an advantage asthat of an Uni- « verfity, it is neceflary to ufe all poffible means of fupporting and “¢ encouraging the Education already taught in the College of Mon- “ treal, and Seminary of Quebec.—This I watch over with great 166 ‘ attention. Generally fpeaking, the Scholars are capable, at the ‘time of quitting their ftudies, of embracing with fuccess any “kind of fcience taught at an Univerfity, whether Jurisprudence, « Phyfic, Surgery, Navigation, Fortification &c. 3.— Another object not less effential, for the prefent, would “¢ be to procure a third place of Public inftruction for Youth. It « will be asked, no doubt, by what means ? I fhall mention one «that is not, perhaps, impracticable.—There is in the centre of « Quebec, a handfome and fpacious College, the greatest part of «¢ which is occupied by the troops in the Garrifon—May not that « College be drawn nearer to its primitive inftitution by fubftitut- <¢ inginftead of thofe Troops, if it fhould be His Excellency’s pleas- «ure, fome ufeful Claffes, fuch as the Civil Law, and Naviga- «tion, to which may be added, if approved of, the Mathematical « Class now taught at the Seminary ? Might not that College it- « felf, in the courfe of time, be conftituted an Univerfity and fup- « port itfelf in part, with Revenues of the Eftates now belonging « to the Jefuits ? This mode of proceeding gradually to the efta- «¢ blifhment of an Univerfity, appears to me much more prudent ‘ and fure. I acknowledge the meritorious fervices of the «¢ Reverend Fathers the Jefuits and the zeal with which they have ‘ laboured in this Colony for the inftruction & falvation of Souls— « Nevertheless, I fhould not be backward in taking immediate «< meafures for securing their College as well as their other Eftates 6 to the Canadian people, under the authority of the Bifhop of ‘ Quebec. But to whom ought the Government of the Jefuits’ « College belong 1f it were again fet on foot ? Firft, to the € Father Glapion for his life, and afterwards to thofe who fhould _ « be appointed by the Bifhop.—Does any one wonder at fuch a € Plan ? I will ftate the principles upon which I ground it. - 61°, The Funds of the College will only confift of the « Eftates of the Jefuits. isha DYED. 25 i « 2°. The Province has no right to appropriate them to itfelf _ «¢ but for their original deftination. Cus « 3°. ‘The propagation of the Catholic Faith, is the principal: «¢ motive afligned in all the Title Deeds. » « 4°, The circumftances of the Donations and the quality of «¢ Donors, would alone prove that to be their intention. ‘The « Canadians, confidered as Catholics, have therefore a right to « thofe Eftates, which appears incontestible. «5°, The inftruétion of the Savages, and the fubfiftence of & their Miffionaries, appearing to have greatly actuated the Donors « of thofe Eftates, is it not fit that the Bifhop of Quebec, who sé names thofe Miflionaries, fhould have it in his power to decide = = Ss ES SF 2 D eae = = 167 ‘€ in their favor, respecting the application of that part of the faid ‘ Eftates which fhall have been found to have been given with € that intent, rather than fee them burthemfome to Government as ‘ many of them have been for fome years ? Therefore, in pre- « ferving the Eftates of the Jefuits to the Canadians under the au- «€ thority of the Bifhop, he would have a right to caufe this effential part of the intention of the Donors to be executed, and it is “¢ befides very probable that the College and the Public would be- “ come gainers by it. . “ Question—By what means can a tafte or defire for infiruc- se tion be excited in the Parifhes ? & Answer—This, in my opinion, fhould be committed to the ‘€ zeal and vigilance of the Curates, fupported by the Country « Magiftrates. | . « A Calumnious writer hath malicioufly reported to the Public, «¢ that the Clergy of this Province, do all in their power to keep ‘ the people in ignorance, in order to domineer over them. If do not know upon what ground he has been ableto. found fo € rafh a propolition, contradicted by the care always taken by the 6 Clergy to procure to the people fuch inftruétion as they are fus- & ceptible of. The feverity of the Climate of this Country, the dis- ‘€ tances between the houfes of its Country inhabitants, the ditfi- “ culty of affembling the Children of a Parifh into one place, especi- «6 ally in the winter, as often as it would be neceffary for their Edu- « cation, the inconvenience toa teacher of going daily to a great «¢ number of private houfes :—Such are the obftacles that have ren- « dered ufeless the defires of many of the Curates, whofe efforts to « inftruct the Children of their Parifhes are within my knowledge: «¢ But in Towns or Villages, fuch as L’Aflomption, Boucherville, La Prairie de la Maydeleine, ‘Terrebonne, La Rivicre du ss Chesne &c. we have the pleafure of finding the people, in gene- 6 ral pretty. well informed, moft of thefe Villages are fupplie s¢ with Schoolmafters. _ . Question — Wal the principal Citizens concur in asking a Charter # of Incorporation ? “ Answer.—1 understand a Charter to be Letters Patent fixing and ‘ consolidating the establishment of any Society or Body whatsoever— ¢¢ to which I answer, that such a Charter as should be immediately pro- « cured in favor of this renovated Jesuits’ College, might hereafter be ¢¢ renewed in favor of an University; which would afford a great sup - ‘© port to those establishments, and much encouragement to the people. “© Question.—Ate there not Lands of the Crown which might be # proper to request the Grant of, for the benefit of the University ? “ Answer.— Time will bring allthings about, On the supposition 168 « that the Lstates of the Jesuits were to be left to the public. for the “ education of youth, a part of those Estates would in time be impro- «© ved, and produce sufficient funds to be able to spare a part for the ne- “ céstary support of an University. Independently thereof, may we «© not hope that His Majesty, full of benevolence towards the prosperity * of his subjects, would grant them, for a work of this nature, some & new Grants en roture, or en fief, out of the Waste Lands of the « Crown. ‘© Question.—The funds and design being committed to such trusts ‘ as the Governor General may think proper, may not much be expect- ‘ ed, when men of learning, free from illiberal prejudices are in the Pro- *¢ fessors’ chair, for the Liberal Arts and Sciences ? ‘6 Aniwer.—It seems to me I have sufficiently answered this ques- ‘¢ tion in my third preliminary observation ; I shall only add, that The- “* ology will always be taught at the Seminary, and consequently this ob-. € ject will never be burdensome to the public. «© You have now, Sir, my reflections and answers respecting the plan of ‘6 an University, proposed by the Honorabie the Legislative Council. I ‘have informed you with freedom and sincerity, that so early an estab- “ lishment of an University at Quebec, does not appear to me suitable * to the present circumstances of the Province. Upon this occasion I * have laid open my views and way of thinking, relative to the Educa- “ tion of our Youth. It remains, that I request you to refer this let- “# ter to, the Committee upon the establishment in question, assuring ‘€ them that nothing is nearer to my wishes than to conciliate in all things € my respect for the Government and the Honourable Council with _ © what | owe to my Nation, to my Clergy, and to that Religion which ‘ [have sworn at the foot of the Altar to maintain to the end of my life, “© ¥ have the hohour to be, “ Sir, «Your most humble and most obedient servant, (Signed) « JEAN FRANCSs. HUBERT, > | ‘“ Bishop of Quebec.” | The causes of the non-convention of the Committee before this day being thus explained, the Chairman, as leading to the discussion of the very important subject of the reference, begged leave to observe to the Committee, | That the main enquiry, (the result of which was to be reported to” His Lordship,) appeared to be :~< To what extent or degree it was expedient to introduce the means of education in this Province ? That certainly there could be no division of sentiment, respecting that 169 elementary instruction necessary to the lower classes in all countries; the want of which left a people ina state of base barbarism. By these he meant, 1.—Parish Free Schools, or a School in every Village, for reading, writing, and the four common Rules of Arithmetic. _ 2.—A County Free School, one at least for further progress in Arith- metic, the Languages, Grammar, Book-keeping, Guaging, Navigation, Surveying and the practical branches of the Mathematics. The next step in civilized countries was an University or a Collegiate Seciety for instruction in the Liberal Arts and Sciences, and how far the Province was prepared for such an Institution, was the point which the Right Revd, Bishop, had with much reason, made the subject of his deliberation: : The Chairman concurred with the venerable Bishop, that the erection of an University, measuring it by the European scale, would be extra- yagant, as neither adapted to the abilities nor the wants of a country, not yet consisting of one hundred and fifty thousand inhabitants, who had a wilderness before them, to be brought into cultivation for obtaining the necessaries of life. It was nevertheless to be wished that the youth of the Province might not be estranged from it, by an education in foreign parts, but find a home sufficient means to qualify them for the trusts, offices and honors of their native community. _ Though the idea therefore of establishing such a fountain of light here, as is found in the Universities of the old Continent, for the diffusion of knowledge among the nations, and through the immense regions of His Majesty’s Inland Dominions, which is only to be indulged as an ob. ject of distant prospect, the great & important questions still remained ; How far the necessities of the Colony demand, and its abilities wil} permit, of a College or Academy, for that improvement of the mind pre-supposed in every advancement to real usefulness in-any of the learn. ed professions, and indispensibly necessary to every great social collc« tion; and without which, it must be indebted to Emigrants from other Countries ? A College under one Rector and four Futors, dividing the labour be- tween them, would, in his opinion, be sufficient for instructing the stu- dents to be expected from all the Provinces on this Continent now re- maining to Great Britain, in Grammar, Logic, Rhetoric, Mathematics, Natural Philosophy, Metaphysies and Ethics ; and these sciences made the path which all were obliged to walk in to obtain any degree of emi- nence in the learned professions, to give a man distinction among his fel- low citizens, and to enable him to come forward to the Magistracy and other important services of his.countrys) 0: 5 The Chairman added, that though an institution of this extent could not be very expensive, it would nevertheless require an union of hearts and hands, to give it the desired prosperity 5 and this it certainly could not want by due guards against the illiberality of a contracted and sec- 170 tarian spirit. ‘Tio which end, it was his idea, the state of the Province considered :— That Christian Theology be no branch of instruction in this Col- lege, but left to be provided for by the two Communions that. divide the Province, in such way as they select, and by such means as they res spectively possess or may acquire. That a Corporation be created by Letters Patent, capable of: Dona- tions and perpetual succession, and with authority to make Bye Laws. That the visitation be vested in the Crown. | f That the King’s Judges and the Bishops of the Province for the time being, both Catholic and Protestant, be Members of the Corporation ; and the rest: to sixteen or twenty of the principal gentlemen of the country, an equal number of both Communions; and that vacancies be filled by “the majority of the voices of the whole body. That proper Clauses be inserted in the Charter to repeld every appro priation and bye law, touching the Funds or government of the College, to any other than the promotion of science at /arge, as aforementioned ; in exclusion of all biasses, ceremonies, creeds and discriminations, either of the Protestant or Catholic Communion. | | Upon the remedy of the defects by the order supposed to exist, the Chairman remarked, that the erection of the Village and County Schools, would require an Act of the Legislature, rating each Parish in Assessments, for the Free Schools of its own District. That’ the objections of the indigent to their contributions for either, were answered by giving their children the benefit, with an exemption of themselves from the general charge; and those which may arise in the old Districts of Quebec and Montreal, from their having Funds and Schools already of their own, by making all such persons also exempt, whose children really were in such a course of education. If the burden was to be felt any where as heavy, it could be only if the new Counties, where the Colonists were occupied in the cultivation of lands still in a wilderness state. m ; But even those parts of the Province, young as they are, would pro- bably find no cause to complain. The noble Lord at the head of the Government had already set apart portions of land, to encourage the in- struction of the children of their Villages, and they had ample ground to look for other appointments for the County Schools of their Districts not to mention, that the applauded merit of their fidelity to the Ciena in the late troubles, may expect aid, as soon as their wants are properly revealed, from the numerous charitable Foundations and Societies of th Mother Country, for which it. is so greatly renowned. ; | Least of all,as the Chairman conceived, was it to be apprehended that a Colony College would fail, unless there was in its own bowels some- = repugnant to ey essential to its success, t may most assuredly expect the powerful patronage of t and of all that wish well to science, a Sean oa oa pa ~ i 17} common humanity ; perhaps it may be thought worthy of the national . attention, 3; The Right Reverend Bishop of Quebec, was not singular in suggest. ing that a portion of the Estates of the dissolved Order of Jesuits, lays open to such a purpose. They are not wholly asked for by the Right Honourable Lord Am- herst. There is a part to be reserved for public uses, and the extent of that reservation, is a part of that confidence which His Majesty in his great grace to His people, has committed to that Noble Personage, under whose care the Province is, at a moment ‘so auspicious to the laudable design, and when he himself recommends the subject to the attention of this Committee. There is nothing to discourage the hope of additional benefactions out of His Majesty’s other Estates in the Province. There are Waste Lands in various places, and of such proximity to the old settlements, as might be soon tenanted to furnish a revenue to grow with the country, and be sufficient for the instruction, in its pro- gress to that desireable perfection prayed for by the good Bishop, and in which he must be joined by every friend of mankind. It happens to trusts to individuals, that thedread of a perversion of the funds, gives discouragement to gifts. The contrary is the natural consequence of pouring the donations into bodies of perpetual existence, with a just frame, for a noble end, and under the eye of the Government. The Corporation once instituted, may boldly come to the foot of the Throne, and ask a brief for a National Collection: Abstract from the encouragement of public bodies, there are instances of private opulence in many places, with a generosity equal to that opulence, and on the watch for opportunities to devote it to enterprises for advañeing the honor of the nation, the interest of learning, and the welfare of the hue man race. = The Jesuits’ spacious buildings, as the Bishop has observed, afford am- ple apartments for a Collegiate life. - The private subscribers of Quebec, who have already ata great ex- pense made an ample collection of well chosen books, will doubtless see it consists with their original design, to lodge them in the College Libra- ry for general use. 5 | The Board for Commons and the Tuirion money, will go to the sup- port of the College ; Students, if it has fame, may be expected from all the Provinces under the Governor General residing in this; and the ad- vantage of acquiring one of the most universal languages of Europe; may be a motive even in remote countries, for taking the whole circle of the sciences in a College projected for the commencement of an Univer- sity in Canada for His Majesty’s American Dominions. 3 No greater Revenue can be at first wanted than will render the stations of one Rector and four ‘Tutors worthy the choice of men qualified by morals and talents for a work and sphere which the necessities of many among the learned in me lead them to wish for, And 4 172 there are some whom the hope of being so honourably and usefully em- ployed, would excite to forego even the present comforts of local at- tachments to embrace it. Advanced to the institution of a College, the Committee must per- ceive that like a reservoir for watering the surrounding fields, this, asa fountain, would find Candidates in the Province, for the care of all the inferior Schools, in our expanded population, to the extremity of the British Dominions in the west ; and that therefore, though this was men- tioned last in the chain of deliberation, it ought to have the chief influ- ence, even with those who might before have been only advocates for those lower exertions, immediately necessary to the Village and County Schools. For a full discussion, however, of the subject (on which any gentle- man had a right to move what he thought proper, and try the sense of the Committee upon it,) the Chairman proposed, that the question be put singly, upon the following resolves. First.—That it is expedient without delay, to erect Parish or Village Free Schools, in every District of the Province, at the determination of the Magistrates of the District, in their Quarter Sessions of the Peace. Second.—That it is also expedient, that each District have a Free School, in the Central or County Town of the District. Third.—That the Tuition of the Village Schools be limited to read- ing, writing and cyphering. Fourth.—That the instruction in the District or County Schools, ex- tend to all the rules of Arithmetic, the Languages, Grammar, Book- keeping, Guaging, Navigation, Surveying, and the practical branches of the Mathematics. ; Fifth —That is is expedient to erect a Collegiate Institution, for cul- tivating the Liberal Arts and Sciences usually taught in the European Universities, the Theology of Christians exceptec, on account of the mixture of two Communions whose joint aid is desireable, as far as they agree, and who ought to be left to find a separate provision for the Can- didates in the Ministry of their respective Churches. | Sixth,—That it is essential to the Origin and Success of such an ins- titution, that a Society be incorporated for the purpose ; and that the charter wisely provide against the perversion of the institution, to any Sectarian. peculiarities, leaving free scope for cultivating the general circle of the Sciences. | | After deliberating upon the subject at large. , Agreed, that the general question of concurrence be put upon all the Resolves; and it being put accordingly, the Committee concurred in . _them, and ordered that it be reported to his Lordship, as their unanimous opinion. at By order of the Committee, 26th November 1789. an de: Gigned) Wa. SMITH, Chairman. + ¥73 Petition of the inhabitants of the City and County of Quebec to the House of Assembly on the state of Education, &c. - To the Honourable the Knights, Citizens and Burgesses in general Assembly convened : | | We, the Subscribers, heads of Families, and Inhabitants of the City and County of Quebec, congratulating ourselves on the first and happy Assembly of the Reprentatives of this Province of Lower Canada, do not entertain the least doubt, but that this honourable House is ac- quainted with the present, and will sufficiently provide for the future state of this Country and especially for the deplorable state of the Edu- éatioti of Youth for upwards of thirty years past, though a College has been erected in the middle of this City, a House in the City of Montreal, with Lands and Revenues thereto annexed, for the Education of every individual bornin or inhabiting this Country. Whilst we entertain the flattering hope of seeing in a short time throughout the enlightened and watchful attention of this honourable House, the happy effects of out ew Constitution, & of the well regulated liberty which forms its basis, nothing at this moment can afford a more solid ground to your Peti- tioners’ expectation, than the friendly communication given many years ago by the Jesuits of Quebec to the Citizens of all the Titles of their College, | ~ By those Titles it evidently appears that they hold and enjoy their Estates only in trust from the first Ancestors of the Canadians (a) called the hundred Associates, who were thereof, and gave them over to the Je- suits upon certain conditions. | That thé tract or lot of six superficial arpents reduced from the twelve arpents first conceded in the Upper Town of Quebec, where the Church and College are erected, was given but on condition of maintaining the institution & perpetual vow of the Jesuits—the Education of Youth. (b) In order to build a College where the Youth of Canada should be educated, (c) as they could not by reason of their Vow of Evange- lical and personal Poverty, hold any Estate unless with the title of College (d) established in behalf of the Youth of the Country ad studendum et orandum; andthe King after the cession of Canada made to him by the Company of New France, confirmed and amortized all those Estates on which he relinquished all his rights by a Diploma, only for the purpose of affording the means of Education to the Youth of this Country (e) ‘ pee LT} (a) Edict of May 1672, and Hist. dela Nouv. France par Charlevoix, vol. Ist p. . 164- . cre. | . | L ae : (b) Bull of Paul III, of the 25th Sept. 1560, in approbation of their institution, c) Titles to the College to the 18th March 1637.54 .cocetl os £35 Bull of Paul III, Constit. part 6, Cap. 2 and 3—Causes Celebres, Tom. 13 p, 88, Ord. 1539 Art. 131. Cout. de Paris, Art. 227 and grand Comm. de Ferrierè. (e) Letters Patent of Louis XIV, of the 12th May 1678, Registered in the Sov, Coun- cil of Quebec the 31st Oct. same year, and after. the conquest on 20th Decr, 1765, Book A. p. 657. 1 74 That the Seigniories were given by the same Citizens, namely Char _ lesbourg, to educate and teach ; (f ) as well as for the assistance of the people of this Country: (g) that Seigniory and many others were likéwise for ever amortized for the same purpose, and for the establish- ment of a College. That the Penirisula on the River St. Charles called La Vacherie,neart Quebec, now let to David Lynd, Esquire, was granted to replace the six Arpens)taken off the twelve appropriated for the College, and by the same motives and views mentioned in the Titles of Charlesbourg. (h) It was likewise passed in to Mortmain or Amortized and annexed to the College: ° (i) That the two Lorettes or Seigniory of S¢. Gabriel were given (k) by Mr. Robert Giffard then Seignior of Beauport only out of Friendship, but when amortized they were explained to be a gift in favor of ‘that College, (l) That Sillery towards Cap Rouge was granted for the spiritual and tems poral assistance of the people of this Country. (m) _\That the Cap la Magdelaine near Three Rivers, was given by Mr, Delaferté, one of the Hundred Associates only to procure the Estab. lishment of the College, and afford the Jesuits means of subsistence ; (n) ‘but the Jesuits having laid out upon that Estate the savings of the Quebec College, in consequence of their apprehensions of being ‘diss turbed for want of a'better explication, Mr. Duchesnaux, then Inten- dant of the Colony confirmed that Gift, only in favor and behalf of the College of Quebec. (0) That in fine the King did amortize and relinquish the possession of the said Estates for the College only, That Batiscan given hy the same for the love of God (p) was ex- plained by the same Intendant, in consequence of the just apprehen- sions of the Jesuits, on account of the disbursements made with the savings of the College, but in favor of the College of Quebec, (q) to which it was also annexed by the King, «1) _. That Laprairie de la Magdelaine in the Diftrict of Montreal, alfo granted on account of the affiiftance, which the inhabitants of Canada receive from the Jefuits, (s) and alfo by reafon of the dis- f) Title of Notre Dame des Anges er Charlesbourg, 10th March 1626. #) Title for ditto, 15th Taiz: 1657 and 17th Jany. 1652. h} Title of taking of possession of the 24th July 1646 and grant of 17th Jany. 1652, i) Letters Patent of the 12th May 1678. k) Donation before Paul Vachon, Notary, 22d Nov. 1667. (1) Letters Patent 12th May 1678. m) Grant 254 Oct. 1669 ratified by the King the 6th May 1702. — € n) Donation before Messrs, Duchesne and ‘Treffé, Notaries, at Paris of the 20th March 1651 | (o Petition of Father Dablon, principle of the College'and Institution of the Jesvi (Pp es before Messrs. Kerué, Bergeron, and Cousinit, Notary, at Paris the 1 arch 1639. | AL 4) Ordonnance of the 9th October 1678. } r) Letters Patent of the 12th May 1678. (s) grant of the Ist April 1647, ~ LE 175 burfements made out of the economy of the College of Quebec : in confequence of fome murmurs of the inhabitants and the apprehen- fion of the Jefuits of being troubled for want of an explication, Mr. Duchesnaux, Intendant for the King of France, at their requeft, confirmed that Seigniory folely in favor of the College of Quebec. (t) In fhort the general and final explication by the King amortized that Seigniory and other Eftates described in the Letters Patent, only in confideration of the College of Quebec. (v) That the Ground on which are built the Church and Houfe of Miffion at Montreal, was purchafed in Roture by the Reverend Fae ther Dablon, then Superior of the Jefuits (x) & Rector of the Col- lege of Quebec, and approved by the Seminary legally eftablifhed in the Ifland of Montreal, & fole Seignior of the faid Ifland, which Eftate was amortized by the King and appropriated to the Educa- tion of Youth. | That this Mifion was eftablifhed in the year 1692, folely by the economy of the College of Quebec, which alone could hold this Eftate under the Tite.of a College fending into Miflion ac- cording to their inftitution, the Bull, Petition of Father Dabion, and the Ordinance heretofore mentioned. Many Lots in the (ities of Quebec and Three-Rivers, and fome other Lots of Ground were purchafed only by the economy of this College. : That the Sault St. Louis, near Montreal, was granted to the Jefuits for the Iroquois, (z) and it was with Juftice that the Iroquois obtained after the conquest, the reftitution- of that Eftate. | The Petitionersconclude by expofing that fince the abolition of the Jefuits, thofe of Canada have generoufly offered and ftill perfift in offering to this Province the remitment and poffeffion of all the Property and Funds of this College, for the ufe of the Public, to which they belong, and only defire a fubfiftence ; but fuch reftitution has been retarded and impeded by many diffi- culties. That the nature of thofe Titles and the foundation of the Col- t) Petition of the Revd. Father Deblon, principal of the College of Quebec and or- c sonnei signed WihasReaperts Intendant, 4th February 1647! ! then signed Dupuis and Begon his successors Fs eaten : {v) Letters Patent of the 12th May 1678. : (x) Titles of the Mission of Montreal. à Mae. A Ts Le (y) Letters Patent, 12th May 1678, Enregistered in the Sovereign Council of Quebec, 20th September following. {z) Grant of 29th May 1680—from 50th October 1680— Bresét of Ratlfication of 15th June 1717 and Judgment of Genk. Gage and Council at Montreal of the 224 March 1762. . 176 lege, have certainly been misreprefented in Europe, and by thofe means this Province has been deprived of Public Education fince the conqueft, although it be encouraged in every part of the Bri- tifh Empire. That this misfortune is to be attributed only to the endeavours of a few individuals, who have ftrongly folicited of His Majetty, the gift or Conceffion of thofe Eftates under various pretexts (but happily without Effect) before the fanétion of the New Conititu- tion. That the Petitioners are convinced that His Moft Gracious Majefty by His Royal Inftructions was ever defirous of being well informed of thofe Titles, and to referve of all thofe funds what- evér might be requifite for the Public Education, without preju- dice either to the Caufes or Effects that fuch an the Eftablifhment had in view. Wherefore the Petitioners hope that this Honorable Houfe wilt confider that the Eftates of the Jefuits have been improved only by the labour, courage and induftry of the Inhabitants of this Country, in hopes of Educating their pofterity, and that thefe Eftates tho’ fufficient, do not exceed the neceflary Expences to afford a Public Education properly organized and on a liberal Plan, for which purpofes they were granted ; and therefore juftly claim the fame with the refpeét due to this Honorable Houfe, y _ Quebec, 4th February 1793, Joseph Dupont, fils, J. Deschenaux, fils, DeLaune, A. Menut, Mezieres, fils, Dupont, pefe, Macnider, Paul Dorion, F. Dorion, N. Dorion, P. Vincent, Etienne Dostie, .. G. Marsiel, ©: Berthelot D’Artigny, N. Trudel, Robt. Ritchie, i’, Bélanger, © Francois Perche, J. Bre. Chrétien, Paul Thibaudeau, Leliévre, | J. B. Metivier, Frs, Baillairgé, a Michel Sim. Delorme, Joachim Falardeau, — Thomas Langlois, J. B. Couture, Louis Romain, Philiph Brown, James Hanna, J. B. Duberger, De EL. Corbin | ‘ Frs. Deblois, + #n "Charles Deblois, _ A. Gosselin, Charles Pelerin, R. Gatien, fils, Dénéchau, George Miller, James Greig, Charles Derome, J. B. Brunet, fils, R. Lafleche, Jean Gobert, fils, Charles Nolin, Louis L’arrivé, Jos. Martineau, Thos. Levesque, L. Prevost, G. Grenier, J. B. Amiot, P. Delaurier, Jos Noel, père, Geo. Black, < Pierre Couture, F. Débigaré, G.. Paquet, F. Ledroit dit Perche, M. Sauvageau, Et. Samson, Jaq. Cochon, Jean Bezeau, James Gray, Ant. Chartrain, J. Bte. Corbin; . Et. Garenne, John Reid, Charles Renaud, Guill. Ol. Levitre, James Black, Frs. ‘Laurent, Ant. Vézina, James Johnston, : James Stapleton, John Urquhart, Laparre, Docteur, Jaq. Laparre, Archibald Campbell, James Rennie, ! F. Roy, fe Murdoch - re à And. Johnstone, Laurent ES | ñ Louis Amiot, _ Louis Chorette, James Orkney, Jean Pas. Letourneau, 177 J. Nesse, : E. Lagueux, Languedoe, F; Masse, Pierre Boucher; A. Ferguson, L. Dumas, Charles Pinguet, A. Curenx St. Germain, Piérre Bruneau, fils, Jos. Drapeau, A. Trudel, J. Bte. Noel, Louis Turgeon, P. Dufau, Martineau, Chs, Chauveau, Simon Noiseaux, Jean Drolette, Charles Drolet Et Nicolas, Et. Hianveu, Louis Gauvreau, Louis Feluet, | F. Derouin, F, Vezina, Charles Audy, Jos. St. Michel, Joseph Drolet, fils, Aug. Defoy, | By Boissel, nace Beaupré, c arles Couture, Joseph Boivin, Joseph Gauvreau, H. Ritchie, Pierre Poulain, Jean Tourangeau, Louis Robitaille, Michel Clouet, ~~ _ T. O‘Connor, Augustin Cantin, — Augustin Laveau, J. M. Faribault, Jean | azeau, ©: René Duval, Martin Chinic, 178 Charles Coté, Pierre Dumas, Joseph Borgia, Jean Amiot, Pierre Dorion, Mességué, . Louis Charland, Germain Miville, François Gauvreau, Louis Bieau, Zacharie Gagnon, Ant. Gauvin, Philip Hooper, Jean Berger, R. Jouvin, Jean Audy, Joseph Racine, Louis Dion Dumontier, Pierre Leroy, Jean Denis Salois dit Brunette, J. Robichaud, M. Lafrance, Wm. Bland, Charles Derome, Jean Brunet, Jean Bte. Legris dit Lépine, Louis Derome, Etienne Drolet, Ant. Garnier, J. Bre. Gaulin, Joseph Monier, Charles Parant, Frs. Malouin, Thomas. Carette, _ Ant. Simon, Frs. Valliéres, : Michel Cornaud, Elias Pleish, Jean Gobert, Frs. Deligny, Jacques Flamand, John Paul, John Ross, _Wm, M‘Kenzie, John M‘Kutcheon, Ignace Paradis, Fredk. Petry, Jonathan Eckart, Henry. Juncken, Henry Hall, M. Panet, Alexis Monjon, Joseph Bezeau, Joseph Cloutier, P. Dénéchau, file, J. B. Mathurin, P. S. Bedard, père, Laurent Bedard, Louis Laberge, Joseph Gagnon, Jacqs. Lemoine, F. Levesque, Isaac Roberts, C. Corneiller, Chapey, - Charles Labbé, Louis Giroux, Joachim Primeau, père, Joseph Langlois, Louis Derome, Jean Primeau, fils, J. B. Labbé, Paschal Taché, Seigneur, Ls. Perrault, John Chillas, Louis Gerget, Etienne Normandeau, J. M. Cherrier, | J. B, Brassau, Louis Parent, Josias Wurtele, George Jenkins, B. Faribault, Thos. Lee, Gueyraud, Frans. Griau, Frs. Bedouin, Raphzl Monier, Louis Boucher, 179 Exrracr fromthe Registers of the Parliament of Paris. —Of the 234 | April 1762. | The Court, all the Chambers being assembled, having seen the De. claration of the King of the 2d August 1761 and the Decree of Enre- gistration thereof of the sixth of the saidmonth and year, by which amongst other things it was enjoined upon the Superiors of the Houses of the Society stiling themselves of Jesus, to deliver in at the Greff of the Court, the Titles and Documents of their Houses as well as state- ments signed by them, and sworn to be true before one of the Counsellors ‘in the said Court, of all the Members of the said Society being in the said Houses or affiliated to them, and of all the property belonging by any Title whatsoever to the said Society in each of the said Houses of the Foundations acquitted in them and of the Benefices united to them. Having also seen the Procès Verbal made before Mr. Joseph Marie Ter- ray, Counsellor, the 13th of February now last past, of the delivery by the Brother De Montigny, Priest of the Society of persons stiling themselves Jesuits, General Attorney of the Province of France, of some statements of property belonging to different Houses, and of the Vows niade by different Members of the said Society : also the Decree ren- dered by the Court, all the Chambers assembled, the 16th of the said Month of February now last past, whereby it was ordained amongst other things that the Superiors of the Houses of the said Persons sti« ling themselves Jesuits should be held on the 22d day of March then next, to swear to the said statements in person or by their lawful Attor- ney, and to produce the statements which they had not yet produced, as also that they should be held within the same delay to depose at the Greffe of the Court, the Titles of their establishments or authentic Co- pies of the said Titles in due form, and in respect of those of their said ‘Titles whereof the original is not in the Public Deposits and which are not in their possessiou, the said persons stiling themselves Jesuits should produce statemerits containing the nature and quality of the said Titles, which statements should be sworn to be true by the said Superiors, and thé affidavit made and communicated to the King’s Attorney General, and returned into thé Court the 23d March then next, to be thereupon by the Court ordered as to right should appertain.—Also statements deposited at the Civil Grefe of the Court—the account rendered by the Law Servants of the Crown the 23d of the said month of March, of the Execution of the said Declaration of the 24 August 1761, and Decree of Enregistration of the 6th of the said month and year, and of the said Decree of the 16th day of February now last past. Also the rule of the said day, whereby the deliberation upon the said account was continued to the earliest day. There having been in like manner seen by the Court the Decrees by the Court rendered, all the Chambers being assembled, of the 17, 19, 20, 26 and 27th February, 2, 6, 9, 13 and 20th March last, concerning the Keeping of the Colleges jn the Towns of Laon, ess Aurillac, Chalon-sur-Marne, Bour- . 2 : : | a 180 ges; Nevers, Angouléme, Chaumont-en-Bassigny, Auxerre, Langres, Fontenay-le-Comte, Amiens, Blois, Orléans, Tours, Saint-Flour, Sens, Clermont-Ferrand, : Billon, La Flèche, Lyon, Bar-le-Duc, Macon, La Rochelle, Charleville, Poitiers, Compiegne, Roanne, Moulins, Eu, Arras, Hesdin, Saint-Omer, Bethune and Aire, by others than the said persons stiling themselves Jesuits to account from the first day of April then next, by which amongst other things, it was ordered that proceedings should be had for the nomination of new Masters whose Salaries should be taken from the Revenues of the said Colleges ; and for the making of the bargains and agreements to this end necessary, and that by the Officers of the Royal Jurisdictions ( Bailliages et Séné» chaussées,) the said new Masters should be put into possession of all the necessary places.—As also that the said Agreements should within two Months be sent tothe Grefe of the Court and nevertheless executed provisionally on the first of April then next.—Also the Petition of Jean Lionçy, Merchant at Marseilles, in the name and as Trustee of the Body of Creditors of the Commercial House Established in the said Town of Marseilles, under the name of the Sieurs Liongy Freres and Gouf- fre, assisted by the Sieurs Noel Justinien Remuzat, Hyacinthe Agnet, his Counsel and adjuncts, according to the Concordat homologated by, the Parliament of Aix, on the $d February 1759, and said Noel Jus- tinien Remuzat, Hyacinthe Agnet, on the behalf aforesaid wherein it is said that by the Decree of the 8th May 1761, the Court had condemn. ed the Superior General, and in his person the Society of Jesuits to pay and satisfy as well in principal as in interest and costs, within one year to be accounted from the date of the intimation of the Decree, the amount of the Bulls of Exchange drawn by the Father Lavalette, or for his account, upon the Sieurs Lionçy Frères and Gouffre, and accepted by the latter which had not yet been paid, and to return them after their ac- quittance to the Petitioners and to the said Sieurs Lionçy Frères and Gouffre, for the purpose of cancelling the acceptances of the said Lioncy Fréres and Gouffre, and in default of their so doing in virtue of the Decree and without any other being required, it was permitted to the Petitioners | and to the said Sieurs Liongy Fréres and Gouffre, to take their recourse for the recovery of the said Condemnation monies upon the Estates be- longing to the Society of Jesuits in France, with the exception of those whereof the destination could not be changed by the Society, and the Superior General thereof, to the prejudice of the rights of Founders and Donors and of their Representatives or of the Towns or Countries for whose utility the said Estates had been irrevocably bound. The same Decree orders the parties within two months to account before two Merchants of the Town of Marseilles to proceed to the account of the Bills of Exchange which remain unpaid: the parties had not occa- sion to have recourse to the Ministry of two Merchants to make up the said Account; nor to cancel the acceptancesof the Sieurs Lioncy Frè- resand Gonffre, u on the Bills which were paid at the time of the Decree and upon those which have been so since; by the Deed first executed 181 between the parties on the 11th August 1761, it is ascertained that of them there have been cancelled upon fifty-two Bilis, amounting to 707, 096 Livres 17 Sols. And there is a second Deed ready to be signed by the parties whereby there is to be cancelled of them upon thirty-four Bills of Exchange, a sum of 304,351 Livres 3 Sols arid 2 Farthings. The Petitioners had reason. to hope that these payments would be con- tinued, and that thereby the cancelling which is to produce their dis. charge from the Engagements contracted by the Society of the Jesuits, would be effected if not within the time prescribed by the Decree least within a time which might satisfy the interest and the desires of the Petitioners. The Jesuits seemed even to lend themselves for that pur- pe to arrangements which might have Eee this effect so necessary or the tranquillity of the Petitioners ; but they have themselves caused it to be declared to the Attorney of the Petitioners and to their Counsel by the brother Gatin substituted by the Brother Griffet, under the Procuration given to the latter by the Superior General of the Society, as to every thing which relates to the engagements contracted by the Brother De Lavalette, that the general events which had occurred to the Society had rendered them unable to execute the arrangements which they had purposed, and to acquit the Bills of Exchange still outstanding within the time which they had hoped. Besides, these general events diminishing in reality the security of the Creditors, in that they attack the state and condition of the Society, one of the Classes of the Par- liament having already declared null the vows of the Members of the said Society, and thereby in some sort rendered vacant a part of the Es. tates liable to the hypothéque acquired to the Petitioners by the Decree ot the Court of the 8th May 1761 ; the delay of one year granted by the said Decree to be accounted from the day of the service thereof, necessarily determined by the change which had interyened in the state ‘and condition and in the property of the said Society; moreover the Petitioners learn and the fact is one of public notoriety, that the Priests and Scholars stiling themselves of the Company of Jesus dispose of their moveable effects and thereby diminish the pledge bound for the Credit of your Petitioners; a pledge the more incontestible and the Tess subject to discussion for your Petitioners since the moveable pro- ‘perty is that which is least susceptible of falling within the exception ‘contained in the Decree of property, whereof the destination could not ‘be changed by the Society nor by the Superior General. Wherefore the Petitioners will demand of the Court that it be pleased to authorize them to put into safety all the Goods and Effects of the said Society by Saisie Arret, Saisie ns and even Saisie Revendication, of the moveables which shall have been made away with and finally by Sei- zure of the Immoveables. At the same time the Petitioners considering that the said Priests and Scholars stiling themselves of the Society of Jesus, are no longer able to comply with the arrangements which they “had proposed to themselves, all the Creditors will be in the way to ins- titute proceedings at Law against them, and that these suits if multiplied 182 will cause immense costs, and what is more important under present circumstances will produce embarrassmeuts without end, as well in the distribution of the monies as in the general operations which the Court shall think proper to order in relation to the property of the said So- ciety, whilst all those inconveniencies would be removed if one can sue- ceed to reunite all the Creditors in one body, which representing all the individuals and bringing together all the interests will be in a state to re- ceive and to execute pfomptly and with ease the orders which it shall receive from the Court, and to stipulate what will be fitting for the com- mon good and adyantage. Wherefore the Petitioners will demand that it may please the Court to order that all the Creditors shall be bound to unite together and to name Trustees, and that the Court may be pleased further to order that this measure be carried into effect under the Eye of the Court, and in the presence of one of the Gentlemen to be named by the Court. It remains only to your Petitioners to submit to the Court an ambarrassment to which they are now liable and which can only be removed by the Court, it is, that they are ignorant whether they ought to present their Petition in the Grande Chambre which rendered the Decree of the 8th May 1761, which Constitutes the Title of your Petitioners or. to the assembled Chambers, which being seized of the cognizance of all that relates to the Establishment or Institution of the Jesuits and the destination of the property belonging to the sajd Society, may desire to take cognizance of the application which the Jesuits desire to make of a part of that property to their payments. This is a ques- tion upon which the Petitioners cannot do otherwise than preserve a res- pectful silence and wait the orders of the Court. It is also for this reason that they have intituled the present Petition “to our Lords of Parliament,” without any denomination either of the Grande Chambre or of the assembled Chambers; in consequence that the Court might be pleased to order that the Creditors of the Priests and Scholars sti- ling themselves of the Society of Jesus, shall be hound to unite together and nominate Trustees to form one body of Urited Creditors, to which end all the Creditors shall be summoned at the instance, prayer and diligence of the Petitioners, to be and appear by themselyes or their lawful Attorney before such of the Gentlemen as it shall please the Court to appoint and authorize, on the day and Soar een te said Com- missioner shall have thought proper to direct by his order in that behalf, who will draw up his Procés-Verbal of the allegations and declarations of the parties appearing and this for the purpose of swearing to the truth of their Credits, of consenting to the said Union, of naming such Trustees, Directors, Counsel, Attornies, Notaries, Sequestrators, A- gents and other Officers of the Union, as the said Creditors shall think proper, to which Trustees and Directors shall be given power to act in the name of all the Creditors by one and the same Attorney, by and with the advice of the Counsel of the said Union to make and institute all such prosecutions and proceedings, Seizures, Attachments, Sales and 183 À djudications of the Estates, and generally every thing which may cons cern the common good and advantage of ali the Creditors. And forthwith, until the said Union shall be formed, considering the circumstances set forth in the said Petition, and that the said Petitioners hold a Title carrying Execution to permit the Petitioners to put into safety all the Goods and Effects belonging to the said Priests and Scholars stiling themselves of the Company of Jesus, for which purpose, to authorize the Petitioners to cause to be seized and attached in the hands of all farmers, tenants, and debtors, payets of rents upon Govern- ment securities, upon the Clergy, the Provinces, and others generally whomsoever, all the sums of Money which shall be found to be due to the said Priests and Scholars stiling themselves of the Company of Je. sus, to seize and take in execution the Moveables and Moveable Effects to them belonging, also to-seize and revendicate them in the hands of whomsoever the same shall be found ; to proceed to the seizure of the Immoveables, without however being authorized to proceed to the sale either of the said Immoveables or of the said Moveables and Moveable Effects, until it shall be so ordered by the Court ; to order a Commission to be delivered to the Petitioners to cause to be summoned in the Court all the farmers, tenants, debtors, payers and others generally whomso- ever, to declare upon oath what they may uwe, as also the Superior Ge- neral of the Society of Jesuits, and in his person all the said Society, at the domicile of the Attorney General, to be present at the order to be made for the delivering over of the monies seized, which monies shail be deposited in the hands of such Notary or other Depositary that it shall please the Court to name ; notwithstanding all other seizures, op ositions, and hindrances made or to be made, which shall hold in the hands of the said Notary and Sequestrator, the said monies, there to remain for the security of the rights of all the parties interested, and to be by the Court adjudged upon, and ordered in respect of the distribu- tion thereof as to right & justice shall appertain ; and the recovery of the said monies shall be made at the instance prosecution and diligence of the Petitioners, the whole up to and until the said Union should be formed, after which time the prosecutions commenced by the Petitioners shall be continued by the Trustees and Directors whom the Creditors shall have chosen, and this in virtue of the Decree to be made upon the present Pe- tition, and without that any other shall be required. ‘To order, that of the Decree to be made upon the present Petition, there shall be grant:- ed to the Petitioners as many exemplifications under the Seal of the Court as they shall require, all which as of equal authority and validity. And the present Decree shall be executed provisionally, notwithstand- ing all opposition made or to be made, without prejudice to the Pe- titioners in their other rights and actions, which Petition is (Signed) ; LAMBE RT, Attorney. . ££ 184 Conciusions of the Attorney General, having heard the Report of Mr. Joseph Marie Tetray, Counsellor, ail considered. — THE COURT, all the Chambers assembled, considering that when it was employed in providing for the food and subsistence of the said persons styling themselves Jesuits, as well as for the payment of the sa- laries of the new Masters appointed in virtue of the Decrees by the Court, previously rendered, in the Schools and Colleges which were here- tofore held by the late persons styling themselves Jesuits, a third object presented itself, that of preserving the pledge of the Creditors of the said Society, by reason of the Petition presented by the said Jean Lionçy Noel Justinien Remuzat and Hyacinthe Agnet, Agents, all in the names and qualities wherein they proceed, and deliberating upon the whole, has ordered and orders that the Creditors of the Priests and Scholars styling themselves of the Company of Jesus, shall be bound to unite together and name Trustees to form one single body of United Credi- tors, for which purpose all the said Creditors shall be summoned at the instance, prosecution and diligence of the said Liongy, Remuzat and Agnet, all in the names and qualities wherein they proceed, to be and appear by themselves or by their lawful Attorney, before Mtre. Joseph Marie Terray, Counsellor, whom the Court appoints, on the days and hours to be fixed by the said Counsellor, who will draw up his Procés Verbal of the allegations and declarations of the parties appearing, and this to the end of attesting their credits, to agree to the said Union, and to name such Trustees and Directors, Counsel, Attornies, Notaries, Agents and other Officers of the said Union, as the said Creditors shall think proper, to which Trustees and Directors shall be given power to act in the name of all the Creditors by one and the same Attorney, un- der the advice of the Counsel of the said Union, to make all prosecu- tions, and adopt all proceedings, and generally to do all which may con- cern the good and common advantage of all the Creditors. As also, the Courr orders, that the said Declaration of the 2nd Au- gust 1761, together with the Decree of Enregistration thereof of the 6th of the same month and year, and the Decree of the Court of the 16th February 1762, shall be executed according to their form and tee nor, and to carry the same into effect in respect of those of the Houses of the said Society, whose Members have not deposited the Statements ordered by the said Declaration and Decrees, as well as to verify the truth and exactness of those of the said Statements deposited at the Greffe of the Court, and not yet attested according to the terms of the said Decrees concerning the other Houses of the Society, has ordere and orders that there shall be without delay drawn up Procés Verbaux containing an exact Statement of all the Priests, Scholars and others who are in each of the Houses of the said Society, situated within the Jurisdiction of the Court, under the denomination of Colleges, Semina- ries, Noviciates, Houses professed, Residences, Missions or others, as well as of all those who are affiliated to the said Society, in which Pre- ces Verbaux shall ‘be inserted their names, surnames, age, place of birth, 185 time of their entrance into the said Society, nature of the vows by them made, functions and offices which they fill in the said Society or in its particular Houses, distinction of the professed, of the three or the four vows and of spiritual or temporal Coadjutors. As also, the Court orders that the said Froces Verbaux shall contaia the detailed Statement of all the Estates, moveable and immoveable, other than the moveables serving as furniture, belonging in any way whatso- ever to the said Society in each of the said Houses, of the Foundations established therein, and of the Benefices thereunto united, as well as of the Revenue of the said Estates, and of the Debts and Credits now re- coverable or constituted, for which purpose all the Titles, Memoirs, Pa- pers, Vouchers, Books, Journals, Registers of Receipts and Payments and others, shall be and remain, after that the sce//é shall have been there- upon apposed, deposited in the Civil Greffe of the Court, or in the Civil Greffe of the Bailliages et Sénéchaussées of the Jurisdiction, to be there- upon proceeded to the continuation of the said Proces Verbaux, the Superior or the Attorney of the said Houses present, or duly sommon- ed. The faid Procés Verbaux, fhall be drawn up without delay at the inftance of the King’s Attorney General, asto the Houfes si- tuated in this Town of Paris and its neighbourhood, by two Coun- fellors in the Court, in prefence of a delegate of the King’s At- _ torney Genl.,—to wit: in the Houfe profefled by Mtr. Jacques De Britignières and Mtr. Anne Jean- Baptifte Goifland, in the College of Ciermont, Rue St. Jacques ; by Mtr. Denis Louis Pafquier and Mtr. Louis Henri Chazlet, in the Houfe of the No- viciate Rue du Pot-de-fer ; by Mtr. Leonard De Sahugueft and Mtr. Etienne Moron, in the Houte fituated at Mont-rouge,; by Mtr. Jean Jacques Fargonel, and Mtr. Simon Berthelot de Verfigny, in the Houfe fituatedat Mont-Louis ; by Mtr. Claude—Pelot and Mtr. Jacques Claude de Beze de Lys ; and in that fituated at Pe- tit Gentilly or other Houfes of the faid Society by Mtr. Antoine Louis Chalmette, and Mtr. Arnaud Guillaume Francois De Gourgue,—of which commenced Procès Verbaux there fhall be rendered Account to the Court, all the Chambers affembled, Tuesday next, the 27th of the prefent-month, at ten in the morn- ing ; and as to the other Houfes and Eftablifhments of the faid So- ciety fituated within the Jurisdiction of the Court the faid Procés Verbaux, fhall be drawn up without delay at the inftance of the King’s Attorney General, at the profecution and diligence of his delegates, at the feveral places by the Lieutenant General of each of the Bailliages and Sénéchaussées of the Towns of the Jurisdic- tion of the Court where the said Houses are fituated, accompanied by an Officer of the Court of the Diftriét, or in cafe of Malady, abfence or other lawful hindrance, by other Officers of the faid 186 Coûts according to their precedence, and in default of them, by the oldeft Graduates of the faid Courts, the whole in the prefence of the delegate of the King’s Attorney General, all the faid Officers or Graduates Commiffioners being by the Court nominated, who for this purpofe fhall go personally whitherfoever neceffary, and alfo to the Towns and Places of their Jurisdiction where there are no Judges than thofe of the particular Seigniors :—of which Pro- cès Ferbaux, certified Copies fhall be fent within one month at the latest, to the Civil Greffe of the Court to be there depofited and communication thereof to be taken by the King’s Attorney Gene- ral, and by him, an account rendered to the Court, all the Cham- bers afflembled, as the faid Procès Verbaux fhall come in. The Court Orders that the Superiors of each of the said Houfes and Eftablifiments of the faid Society, Rectors, Provincials, Pro- curators, and others fhall be bound to produce to the faid -Commiffioners of the Court, all Regifters, ‘Titles, Papers, Memoirs and Vouchers for this purpofe neceflary, and particu larly the Acts of Profeffions, Emiflions of Vows, Aggregations or affiliations, together with all Titles of Property, of the Eftates belonging to the faid Society in each of the faid Houfes, whether as Dotations, Foundations Acquifitions, Donations, Legacies, Unions of Benefices or by any other Title whatfoever, as well as all Leases, Notes, Obligations, Contracts and other Titles whe- ther of Property or of ufe, either due to others by them or by others to themfelves and to declare upon Oath that they do not éonceal or secrete any of them directly or indirectly, and that they have no knowledge that any of them have been concealed, fe- creted, loft, or made away with ; and alfo to declare what is the nature of thofe of the faid Titles which they have it not in their power to produce. | And all Ordinances rendered during the progress of the faid Procès Verbaux, fhall be executed provifionally notwithftanding all oppositions or Appeals whatfoever and without prejudice there- to. | | , The Court alfo orders that in the Towns where there are no other Schools or Colleges than thofe heretofore kept by the faid perfons ftyling themfelves Jefuits, in which the Municipal Officers fhall demand to be informed wherein confift the Goods, Revenues Debts and Credits of the faid Colleges, the Officers of the faid Bailliages and Sénéchanssées fhall give them fuch knowledge as to right and Juftice fhall appertain of the faid Procès .Verbaur, and of the Titles depofited in the Greffe of the faid diftant Courts, all which Titles, Papers, Memoirs and Vouchers, {hall remain depofited in the faid. Civil Greffe, until it fhall be osber- - 187 wife ordered by the Court without prejudice nevertheless to the Officers of the faid Bailliages and Sénéchaussées, giving fuch Communication thereof as they fhall think neceflary for the Gov- ernment and Adminiftration of the Eftates and Revenues of the faid Houfes. And the faid Procès Verbaux, fhall be drawn up in the Towns of Arras, Hesden, Saint Omer, Bethune, Aire, or other Towns of Artois, wherein the faid Houfes or Eftablifhments fhall lie, by the Municipal Officers of the faid Towns, whom the Court have ap- pointed for that purpofe, without prejudice to fuch rights as might belong to other Courts of the faid Province of Artois. ~The Court in like manner orders that the Decrees of the 17th 19th, 20th, 26th, 27th February, 2d, 6th, 9th, 13th and 20th March laft, concerning the keeping of the Schools, in the ‘Towns within the Jurisdiction of the Court therein named, fhall be exe- cuted according to their form and tenor —and to this end that all the property generally, moveable or immoveable, withoutany exception, fituated within the Jurisdiction of the Court belonging to the faid Society, in each of the Houfes and Eftablifhments there- of, fhall without delay, at the inftance of the King’s Attor- ney General, as to the property fituate in this Town of Pa- ris, and its neighbourhood, and at the inftance of the faid King’s Attorney General upon the profecution and atthe dili- gence of his delegates as tothe other property of the faid Soci- ety, be seized, attached and put under the hand of the King and of his Courts, and Guardians thereto eftablifhed and in cafe of refufal of opening the Doors, Trunks, Clofets, and other things un- ‘der Key, permiflion is given to the Bailiff, Bearer of this Decree, to caufe the fame to be opened by the firft locksmith or farrier thereto required—And there fhall be nominated by the local Judges, at the inftance of the King’s Attorney General, upon the profecution and at the diligence of his delegates. within the faid local Jurisdiétion, fufficient fequeftrators and managers for the Government and Adminiftration of the said property, which fe- queftrators and managers, fhall make all neceflary recoveries and profecutions, against all Debtors, Farmers, ‘Tenants, Overfeers, and others, and fhall alone have power to give valid acquittances, to all the {aid Farmers, Tenants, Overfeers, Debtors, Paymafters and Treafurers, alfo of the Paymafters of the Rents payable by the Hétel de Ville of Paris, and fhall render an account of the whole, to wit, as to the property"and revenues of the Houfes, fituated in this Town of Paris, and its neighbourhood, to the King’s Attorney General ; ms * to the others to the delegates = EE Se Er Ro tn > - — = 188 of the King’s Attorney General in the several places—It is per. mitted to the faid Lioncy, Remuzat and Agnet in the faid names and qualities, and the Truftees to be named by the Creditors of the faid Society of perfons ftyling themfelves Jefuits, to make to the feizures ordered by the prefent Decree, fuch oppofitions as they fhail be advifed for the fecuring of their rights. And to provide for the payment of the Salaries of the New Matters eftablifhed in the Colleges heretofore held. by the faid Society, and for the fubfiftence of the faid perfons ftyling them- felves Jefuits ; the Court authorizes the Officers of the faid bail- liages and Sénéchaussées, within the Turisdiétion whereof the faid Houfes and Eftablifhments of the faid Eftates are fituated, or where - the faid Colleges, and the Municipal Officers of the Towns of : Arras, Bethune, St. Omer, Hesdin, Aire and other Towns. of Artois, to provide for the. payment of the Salaries fixed for the New Mafters by the faid deliberations and concordats, whereof the provifional execution was ordered to commence in the pre- fent month of April—As alfo to adjudge upon what fhall be pro- per to put into the hands of the fuperiors of the faid. Houfes for the maintenance and food of the faid perfons ftyling themfelves Jefuits—And all Ordinances by them rendered in this behalf, fhall be fent without delay to the King’s Attorney General,, to the end that an account may be thereof, by him to the Court rendered, all the Chambers Aflembled, and nevertheiess executed provifion- ally, notwithftanding all oppofitions or executions whatfoever and _ without, prejudice thereto ; for which purpofe the. fequeftrators _ fhail be bound to pay the faid Monies. conformably to the faid Or- dinances, which doing they ‘hall; be discharged—And the.re- mainder of the Monies if any there be fhall be paid over as in due courfe of Law fhall be ordered. F | The Courr Orders that the Lieutenant, General ot this Town of Paris, fhall be charged with taking care that nothing, be concealed or fecreted or carried away from the Houfes and Eftablifhments of the faid Society, as well at Paris, as in the neighbourhood there- of, and to inform the Court of the fame, that it may. provide in the preniifes what to right fhail appertain—It is enjoined upon the Officers of Police in the feveral places in like manner to take care of the fame, and to inform the Diftrié&t Courts thereof, to the end that they may provide for the fame without delay.—-The Court authorizes in confequence the faid Officers to go whither- foever it fhall be neceffary, to make all neceflary refearches of and concerning the-eflects made away with, if any have been fo, and all the actual depofitaries (if any there be) of Goods and Effects, which may have heretofore been in the Houfes of the faid So- 189 ciety, or of the value thereof, fhall be bound ‘to declare to the King’s Attorney General, or to his delegates in the feveral places, within ten days for thofe refiding at Paris, and within a month for thofe refiding elsewhere, to be accounted from the day of the Pu- blication of the prefent Decree, under pain of being profecuted Criminally, to the end that upon the faid declarations the King’s Attorney General may require and that: there may be by the Court, all the Chambers affembled, adjudged what to right and Juftice fhall appertain. __It is enjoined upon all Debtors, Farmers, Tenants, Paymasters Treafurers, alfo to the Paymafters of rents upon the Hote/ de Ville of Paris and others, in future not to pay to the faid perfons {tiling themfelves French Jefuits or even Foreigners, or to their ufe, or to other parties for them and generally to any others than the faid Managers and Sequeftrators, whereof the eftablifhment was above ordered, the Revenues and monies belonging to the faid Houfes and Eftablifhments of the faid Perfons ftiling them- felves Jefuits on pain of nullity of the payment and acquit - tances, and of being condemned to pay a fecond time. It is oRDERED that all thofé who may lend their names direétly or indirectly to the Society or to ‘any of the Houfes thereof, wherefoever they may be situated, even without the Kingdom, for the property, pofseffion or enjoyment of any property or effects generally whatfoever, moveables or immoveables, fhall be bound to declare it to the King’s Attorney General or to his Delegates at the feveral places within ten days at the latest from the publica- tion of the prefent Decree for thofe who reside at Paris, and within one month for thofe who reside elfewhere, under pain of a fine equal to one third of the value.of the thing, whereof one moiety payable to the Informer and the other moiety to the Ge: neral Hofpital of this Town of Paris, or to thofe of the other Towns or Places where fuch perfons fo lending their names fhall refide, also if the cafe fhould require it on pain of being profe- cuted criminally. In confequence it is ordered that at the time of making the Procès Verbaux above ordered, the faid Priefts, Scholars and others of the faid Society fhall be bound to declare the names of thofe who shall hold thefe goods and effeéts belong- ing to the faid Society, and'to fwear that they do not conceal any directly or indirectly on pain, ‘in cafe of falfe declarations, to be prosecuted criminally, atcording ii Si of the cafe. And all Receivers, Treafurers, Cafhiers, Farmers Tenants, Debtors and Paymafters, alfo thofe of the Rents payable out of the funds of the Hotel de Ville of Paris, fhall be bound to fend within si ern 4 rt . 190 one month to the King’s Attorney General a statement of all that they pay to the faid perfons ftiling themfelves Jesuits whe- ther Frenchmen or Foreigners. | AnD examined Copies of the prefent Decree fhall be fent to all the Bailliages and Senechaussées of the Jurisdiétion and to the office of the City of Paris, as well as to the municipal officers of the ‘towns of Arras, Hesdin, St. Omer, Bethune, Aire and other Towns of Artois, where the Property and Houfes of the faid Society are fituated, to be there read, publifhed and enregifter- ed, printed and pofted up, notified to the municipal officers of the Towns where there were not heretofore other Schools and Col- leges than thofe which were then kept by the faid perfons {tiling themfelves Jefuits, and ferved upon all the Houfes and Eftablifh- ments of the said perfons ftiling themselves Jefuits. It is enjoin- ed upon the Delegates of the King’s Attorney General to carry this decree into effect, and to report to the Court thereupon{with- in the month. It is enjoined upon the Officers of the fzid Courts to attend each for himfelf to the full & entire execution of the prefent Decree which fhall be printed; publifhed and pofted up in this City of Paris and wherever elfe it fhall be neceflary. Done in Parliament all the Chambers affembled the 23d April 1762. Examined, REGNAULT. (Signed) DUFRANC. LETTER TO THE ATTORNEY AND SOLICITOR GENERAL (Mr. Norton and Mr. De Grey) Upon a second reference, by the Right Honorable the Eart of Haxrirax, His Majesty’s principal Secretary of State, a Copy of an Arrét of the Parliament of Paris having been obtained, of the case of the Jesuits in Canada. To THE ATTORNEY and Soriciror GENERAL, Doctors’ Commons—May 12th 1765. Gentlemen, | I have the honour to transmit to you two references made to us by His Majesty’s command, and in order to save time, engaged as you are in so great a variety of business, I take the Liberty of sending you some few obervations on the second reference, it being expected that our Re- port sliould be very full on this subject, and which Report will be cir- culated wherever the Society exists. I will make any day or place agreeable to me, to settle our Report, which will best suit yourselves, if you will fix it together and favour me with notice a few days before. 191 In order to answer fully the purpose of the reference, I apprehend it is necessary to enter into a detail, and to keep the institute of the Society constantly in view. In answer to the Questions ;-— What Estate is vested in the Communities or Societies of Jesuits, which they occupy in Houses or Lands in Canada ? Whether they could without powers from the Father General or Su- perior, before the expiration of the eighteen months allowed for the sale of Estates under the Treaty of Paris, and now can, make a good Title thereto? And whether the General or Superior, residing at Rome, and never having been in Canada, could have given, and now can give, powers to make a legal Title for the sale of such possessions ? I beg leave to observe, that, besides the Jesuits of the less observance, who are to be found in every part of the world, concealed Agents of the Society, Laymen as well as Priests, persons who have been married as well as those who have never married, and of all conditions and. em- ployments of life, (the whole Order amounting to twenty thousand men in the year 1710, and since increased in proportion to the enterprising ge- nius of that Society in the course of half a Century,) the known Come munities of the Jesuits in Canada are the Missions. The Missions are, properly speaking, draughts from the Houses of the Professed, (agreeably to the plan of this Order founded by a Mili- tary man on military principles ;) they are engaged by their fourth vow to go to any part of the world, where the Pope, or their General shall send them non petito viatico. ‘The Missions are so called in their Insti- tute, in distinction to the Houses of the Professed, and from the Hou- ses of the Noviciates and Colleges. The Missions, like the professed, are all under a vow of poverty, and mendicants by Institution ; and as the Professed hold Estates in trust for the Noviciates and Colleges, and the rest of the Society, having nothing for themselves, otherwise than indi- rectly (for they never beg notwithstanding their Institution ;) so the Mis- sions who are detachments from the Professed, hold Estates in the same manner. If the Estates are Donations, then they are held for such uses as the founders by Grant, Gift, or Devise shall have directed, and for such further uses as the Father General shall direct ; inasmuch as all Donations are constantly accepted by the Order, and ratified by the Ge- neral, with this special salvo, commonly known and supposed to be ac- quiesced in by the donors or their representatives, ita tamen ut in emni- bus institutt ratio servetur. And if the Estates are acquired by pur- chase out of the surplus of the Funds destined ad libitum by the Gene- ral for the support of the Colleges, or out of profits arising from Com- merce or personal industry, then the Missions hold these Estates for the benefit of the whole Society, wheresoever dispersed over the world, but united under one Sovereign head domiciliated at Rome, whose power over his whole Order being unlimited, he is the sole proprietor, and as it were, the heart of the whole body, into which, and from which, all / Ee nn. mer 192 property has a constant flux and reflux by a circulation of the system in all-its parts. So that the Estates of the Society must be considered in the possession of one man, the General of the Order ; who is always by birth an Italian, an actual subject ecclesiastical and civil of the Roman Pontiff; upon whom he acknowledges a kind of feudal dependence, ra- ther than an implicit obedience ; (the Father General having sometimes resisted, and being in some respects independent even of Papal authority) being in all other relations an absolute Sovereign over his own Vassals, who are independent of every Civil Government under which they re- side ; to which they cannot be united in a civil essence by the nature of their Institute, without ceasing to be what their Institute makes them, a . distinct Nation in the midst of Nations, and an Empire in the midst of Empires As all other regulars, according to the Canon Law, are ser- vants of their Monastery, so the individuals of the Society of Jesuits, according to their Institute, are the servants, or rather slaves of their Order ; and according to the rule of Law, by which guid juid acquiritur servo acquiritur domino ; they have no property of their own. It is remarkable, that the O:der (of which the Province of France makes buta very small part) has been only tolerated provisionally in that Kingdom, and upon probation of good behaviour, without ever having had any legal establishment asa part of the Ecclesiastical and Civil Con- stitution of the Realm. The General of the Order has constantly re- fused the conditions of the original admission made by the Acts of the Assembly at Poissy of the Gallican Church, and has also refused the conditions of the re-admission of the Society on the same terms after Nr expulsion, (which re-admission was granted by the Royal Edict, in virtue of a Treaty between the Crown of Franee and the Papal Sce,) because the terms of re-admission were radically subversive of the whole Order. ; To the original Acts of Admission all subsequent Edicts in their fa- vour have had a retrospect. So that the Arré of expulsion remained always liable to execution; and the Members of the Order were merely as inmates’, occupants of Houses and Lands in France, and in the ex. tent of the Dominions of that Crown, subject to resumption. From all these premises, it seems conc!usive that the Titles of the So- ciety passed, together with the Dominions ceded to Great Britain, (in which Dominions those possessions were situated) attended with no bet- ter qualifications than those Titles had by the Laws and Constitution of the Realm of France, previous to the Conquest and Cession of those Countries. But it seems further to be clear, that those Titles are now in a worse condition since the Conquest and Cession ; for till that period they were only in abeyance, and suspended upon a principle of proba- tionary toleration ; but by virtue of the natural Law of Arms and Con- quest of Countries, confirmed by Acts of the Law of Nations, by so- Jemn Cession aud Guarantee, the possessions of the Society lost of course all civil protection by the fate of war, but much more so by the only poled} Sh “ ose authority and intervention could have preserved the | 193 property of these possessions to their supposed owners, having with= drawn its tolerance and protection and deserted them as a derelict at the mercy and entirely free disposition of the Crown of Great Britain, by making no provision in the Articles of Cession to serve: the pretended rights of the Community of Jesuits, nor indeed of any other Ecclesi- astical Community, which latter might have been wider a more favorable view, having a civil being, aud each House possessing a seperate» proper- ty, distinct from others of the same Order ; whereas the Order of Je= suits, contrary to all other Regulars, is one indivisible Order, aggregate indeed by its own lostitute, but not incorporated by the Laws of Frances and the Father General, never having been an Inhabitant., of Canada, nor a subject to the King of France, he could not retire and avail him- self of the fourth Article of the definitive Treaty, nor sell his Estates, nor withdraw his effects within the time limited. In a few words, the Society of Jesuits had not and cannot have any Estates in Canada, legal- ly and completely vested in them at any time, and ‘therefore could. not, and cannot transfer the same before nor after the term of eighteen months, so asto make a good Title to the purchasers, either with or without the powers or ratification of the Father General, who as he could not retiré, so he cannot retain any possessions in Canada, since the time limited for the sales of Estates there, agreeably to the Terms’ of the Treaty ; be- cause he 18 as incapable of becoming a British subject, as he was of being a French subject ; nor can the Individuals of the Communities of — the Jesuits in Canada, take or transfer what the Father General cannot take or transfer, nor can they, having but one common stock with al other Communities of their Order in-every part of the Globe, hold im- moveable possessions, to be applied for the joint benefit of those Commu- nities which are resident in Foreign States; and which may become the enemies of His Majesty and His Government, ot ee In answer to the question—Whether the persons in possession. hold the same as Trustees for the General, or for the whole Society. of Je- suits, and in that case; whether such trust is not void in Law? what for feitures are incurred thereby? and to whom? I beg leave to observe, that whoever the persons are who occupy the possessions in question, they must be understood to hold the same as Trustees for the Head and Members of the one indivisible Society, and political body of Jesuits, of ecclesiastical and temporal Union, forming, according to their Institute, one Church and Monarchical Government, with territorial. jurisdiction independent of all civil authorities. uuder which the Members of the Society are occasionally dispersed, and with- out stability of domicile; that such trusts, are therefore, from the very nature of this Institution, inadmissible by the Law of Nations and of all Civil Governments ; they are void -bothin law and in fact, because there is no legal corporate body civilly established to take their use but an alien Sovercign, and aliens his subjects, who-were and are utterly incapable, by the very nature of their Institution, of ‘any civil existence. The pos- _ sessions therefore, of the Society of Jesuits in Canada, in every view of a a ve cri a= + ? + ‘ = tl ty elite gp st ee CC rm "+ CS AS 194 the case, are lapsed to His Majesty by right of Conquest and acquired Sovereignty ; by dereliction of the supreme power itself of whose good pleasure these possessions were lately held, no provision having been made for them by it inthe Act of Cession ; by the want of an original com- plete Title ina body incapable of legal taking, holding, and transferring ; by the nature of defective trusts founded upon such defective Titles; and by'the non-compliance of the Order with the provisional terms of re-admission, as probationary occupants & only pro tempore, into the Do- minions of France, domiciled in the person of their Father General at Rome, subject to the execution and effect of the Arrét which was pas- sed by the original Tribunals for their expulsion in 1594, to which they are still liable, for never having observed, but openly rejected, the condi- tions of their first admission, which are the conditions of-the second, ~ and farther, are liable, ipso facto, whenever they should be huriful and dangerous to the Realm. In answer to the last question—What will be the proper methods to be pursued to discover such trusts ? I conceive, with submission, that it would be an effectual method to discover such trusts, es well asa great benefit for the civil and ecclesias- tical establishment of the ceded Colonies, if His Majesty should be plea- sed to ordera general Survey of all Estates in them to be made, and to establish an Office of Register and Record, and for the authentic copy- ing and enrollment of all Title Deeds, Grants, and Assignments of Lands and Houses held in the Provinces of Canada and Louisiana ; and to appoint Commissioners to make such a Survey; to call for, and to ex- amine persons and writings, and to transmit the Records from year to year into the Registry of the High Court of Chancery of Great Bri- . tain, and to make a particular Report to His Majesty of the same, so far as relates to Lands or. Houses, possessed, now or late, by any reli- gious Communities or persons, or applied by any persons for their be- nefit, and to discover all concealed trusts for any purposes prejudicial to His Majesty’s rights, and the interests of His Realm. , À All which considerations, Gentlemen, I have the honour to submit to your reflections before we draw up our Report, as the Institute of the Society is so very extraordinary, and our decision upon these important points depends entirely on its nature, I have annexed extracts which are taken from indubitable authorities. You must be very sensible, that an air of answering upon so complicated a business in three lines, will not ‘serve the purpose of the King’s Ministers, who desire to be perfectly in- formed; and I shall not regret my particular trouble on this, or on any ‘other occasion, if I have’the satisfaction of your approbation, in dimi- nishing, in any degree, your share of our joint labours, which are of much consequence, in this case particularly, for His Majesty’s service. _I am, Gentlemen, _.. With great respect, Your most obedient and humble servant, ee | (Signed) JAMES MARRIOTT. a 195 Proors and Extracts relating to the Conftitution of the Society of Jefuits, annexed to the Letter to the Attorney and Solici- tor General. | Concerning the Jefuits of the lefs obfervance, fee the account taken by Etienne Pasquier from a Jefuit ; Recherches de Pasquier ; The Bull of Sixtus V. 29th September 1587, gave the Society a power of fetting up congregations in all their Houes, and in all Places, locis sub gubernis societatis existentibus, and to connect and unite thefe Congregations with the Congregation at Rome, et primaria Romane aggregandi. So that she fe immenfe Con- gregations of lay brothers form in every Kingdom but one body, having the fame fpirit, interefts, views and Government with the Congregation at Rome. Vide Jnstitutum Societatis Jesu, auctoritate Congregationis Generalis X V 111. Meliorem in or- dinem digestum, auctum et récusum prage. ‘Tipis Universita- tis A Kerditcadee in Collegio Societatis Jesu ad. S. Cle- mentium 1757. Father Jouvency fays that in 1710 the Society had fix hundred and twelve Colleges, three hundred and forty houfes of refidence, fifty-nine Noviciates, two hundred Miffions, twenty-four houfes of the profeffed: the whole divided into thirty-feven Provinces. The extent of thefe thirty-feven Provinces or Territoires of the Society, may be judged of from the confideration that all France forms but five ; which are called the Provinces of France, Cham- pagne, Guienne, Touloufe and Lyons. The Miffions are at- tached to fome one of thefe Provinces, or make themfelves fe- parate Miffions, According to Father Jouvency the number of the Jefuits of the four claffes was in the year 1710, on their own lift, nineteen thoufand, nine hundred and ninety eight. It is eafy to judge from the enterprising fpirit of the Society, how much that number muft have increafed in fifty-five years fince. The four Claffes are as follow: firft, The profeffed, called by their Conititution Societas Professa: fecond, the Coadjutors. Third, the Scholars Students, and approved Scholaftics.. Fourth, all thofe who, without being of the three former Claffes have taken a Refolution to live and die in the Society, and are in pro- bation, till it fhall be decided into which of the three other Clas- fes they fhall be admitted. _.. us 5 The Houfes of refidence, which are three hundred and forty, are the houfes of the Miffions out of Europe. —_ The Miffions are under a vow of poverty: it is the general rule of the inftitute of the maple Society, haec minima Congre- c | | 1 4 : ———————————— 196 gatio, sic paupertatem aceipiendo, ut nec velit, nec-possit reditus ullos, ad suam sustentationem,; nec ad quidvis aliud habere. In the firft Bull obtained by them from Pius V. 1571, the terms are declaratur Societas ex institut’ ratione mendicans, alius- que mendicantium ordinibus commemoratur et privilegiis œqua- tur ; and° in the dispofing and: granting part, the Pope fays, guia ipsa Socictas meridicans existit, quippe quæ ex ejus instituto ct constitutioribus apostolica autoritate confirmatis bona stabilia pose ) sidere nequit, sed in certis elemosynis fidéliumque largitatibus et subventionibus vivit. That the Houfes of refidence of the Miffions are not inde- pendent of the general body appears by the very form of the | letters of authorization, which the provincial gives for the place | ‘of Superior General of the Miflions of any particular Provinces and thefe powers are extended by fpecial powers, or narrowed at the pleafure of the Father General. ‘The powers given are in | ‘personas et loca que in illis partibus ad soctatatem pertinent, there- | fore thofe perfons and places form no eftablifhments feparate and independent from the common mass of the Society; but the Authority is referved as to all Contracts; non tamen alienationum, obligationuin, seu gracaminum que collegium vel Societas subire debeat ; in which cafe a fpecial authority is made requifite ; fo that the whole property of the Houfes of the Miffions is clearly in the Father General. F'ide Mémoire à Consulter, publithed on | the part: of the Father Jefuits in the cafe of Father De la Valette py 23. | | Mg I ag nt gaa The Bulls of Gregory XIII. 1576, 1582, veft all property in the Father General. It recites, bona stabilia et immobilit seu quasi stabilia (in the language of our Law, Chattels real) zec non et pretiosa. mobilia cujuscunque quulitatis et facultatis, doniorum tum professorum, tum probationis collegiorum et aliorum locorum | ubilibet consistentium, informatione exira juditialiter ac summarié | ét ME er accepté vel ctiam ‘C4 omnino omiss4; (referying to himfelf-to judge of the ‘utility of the alienations or affignments, ) simpliciter-absque figura judicit ; nec ad venditionum communicationem, et aliarum hujusmodi ‘alienationum,’ utilitatis seu necessitatis, aut in equivalentia vel meliova boni pretii conversionis vel alium démbnstrati- ‘omem tenert. - ifn} Sr eu. 4 LU | 2 2 #1 by \ The unlimited extent of the General’s power further appears 3 | generalis, cutn primum electus est, potest plénam exercere J'urisdieti- onem in omnes sub ejus cbedentif degentes ubicungue commorautur, etiam éexemptos, etiam quascunque facultates habentes. ” 4 | ~- ‘The general has granted-to him by it; in’ wnidersos ejusdèm so ctetatis socios et personas sub ejus obedientia degentes ubilibet commoran~ 197 tes. ‘The Provincials are as. Lieutenant Generals of the father generalifimo, A Generale præposito, ut: à capitéy niversa facule tas provincialium egreditur, ac per eos ad: localesÿ-perthos autem:ad sin. gulares personas descendat.. The, Miffions are fubject as! well as the reft of the Communities. 4b codem capite, wel saltem eo suam facultatem communicante et rem approbante; missiones-procedunt. Vide dnst. Soc. Fesu. pa. 424 ; Constit. part.8,Cap. 1. § 6. Ademgee neralis in Missionibus omnem babet potestatem, par. 9, . Bullof -Gre- gory XIV,1591, Ibid § 2... It appears that the Members ofthe Society are merely Agents of the General, andithough furnifhed oftenüblÿ with his power, guvamvis als inferioribus prozpositis, wel visitatoribus, vel Commissariis suam facultatem communicet gene- ralis poterit approbare vel -rescindere quod ili fecerint: how unli- mited is the fubmiffion, in afyftem fubverfive of all good faith ! Semper ei obedientiam et reverentiam ut qui vices Christi gerit, præ- stare oportebit: how fhocking the’ impiety of an order thus cons- tituted!, | Ho ‘16: - Gregory XIV. confirmed in his Bull the prefent Sovereignty of the Father General; the terms are universam gubernandi ra- tionem Lgnatius fundator monarchicam et in definitionibus unius su- perioris arbitrio contentam esse decrevit. Preter cœtera quam plurima, illud sequitur commodi ut universus ordo ad monarchi- cam gubernationem compositus maxime sérvelur unilus ipsiisque membra per universum orbem -dispersay per omnimodand huñc subordinationem suo capiti colligata prompt'ts ae facilius ad ourias functiones jurta coram peculiarem vocationem-et speciale volume dirigi ac moveri possint. Arig the Bull anathematifes all who fhall.oppofe their privileges, whether Kings, tates, or prelates, upon any account or pretence. whatfoever, and.that. the order fhall be immutable even by the Holy See itfelf and\independent ; and what is more extraordinary,*that if any pope {hall decree hereafter to the contrary, the general fhall annul thedecrees, and reinftate the Society of his own fole authority. doles tn pris- tinumet.cum in quo antea quomodo libel erant statum restituld, re- posila, et plenarè re-inlegrata, per præposilum generalem, fore el esse, fuosque effectus sorliri et obtineres 1 225 DE The Jefuits of, Spain and Portugal, delirous of .a reform from this unlimited flavery; tou ich they were fubjected in 1593, pe». _ titioned Pope Clement’ in* Words me 0 ne ge ee eS | … Licel generalis habeat suos consihaïsos tamen non lenetur stare ipsorum consilio-sed est dominus dominantiumoet facil quod vult nul. lis legibus edstrictus : unde mortificat et wivificat : deprimit ef exul- tat quem cult, ac st esset- Ideus qui Aber est ub onus perturbatione el mom posset errare. . | . 2 ——~ a ~ > murs + + oe 200 upon the Province; the Province upon the, Society; and that all the Miffionaries its Members are but Agents of the Company, _ + which is united, as we, have already fhown, under one principal c director of unlimited authority. | f . Thefe ideas of the Society and of the Titles to its poffeflions, c are confirmed by the pieces written by Jefuits, and Publifhed 0 by the authority of their Order in their famous dispute, with ail b the reft of the-regulars on the occafion of the Edict of the Em- i 4 peror Ferdinand, If. in 1629, for reftoring the Eftates of the | À Empire, whichthe Proteftants had taken away. ‘The Champions | of the Jefuits infifted, that no other orders could take but them ) felves, becaufe the fraternity were distinct which once heid thofe a endowments, and were now extinguifhed : that they, the Jefuits “7 were on the contrary, one indivifible Order: that the Generals and Vifitors of thofe fraternities which were local, had only a power Pp as to the regular discipline of each feparate Monaftery ; but that | thefe Vifitors were not (as in the Order of them the Jefuits) like | À their General, able to change perfons and properties, ad libitum, ce Vide, the -work of Father Layman, printed at Delingin in Suabiä, ‘ cum facultate Superiorum, intitled, Jufta defeufio, Sanctiffimi Ponti & fois, Auguftiffimi Cœfaris, 8. C. R. Cardinajium, Episcoporum, Prin . cipium, et aliorum Minima societatis Jéfuy in caufad Monaste | À riorum extinctorum et bonorum Eccleiaflicorum vacantium.. Father t Jean Crufius, who wrote at the fame time, a book entitled, 4frsane © te extincli Eclipfis feu deliquium, ules thefe words which deferve at- i tention, and affect the cafe of a Conquered :Country, Generalis le ipse tanquam caput unius veri Corporis politict jurisdictionem hubet guafi territorialem ; nam ipfius jurisdictio non perfonis folum, fed etiam ‘A 4 terris rebus, bonis Collegiorum ab hofte occupatorum, vel etiam perfonalis P Collegiorum illorum tempore invafionis repetitio ; que in bujusmodi cafus le nigatur aliis.aliorum ordinum præsidibus ; cum nec verum illorum Re- Er ligioh Corpus Conflituunt politicum, fed tantum familie aliguod plane C duparor,. And farther he fays, Societas, late accepta, est -domina a bonorum et rerum fuorum Collegiorum, atque poffidet cum illis bona cor- é porata : quia Scholares imdifferenter, et indescriminatim fe habent ad ] omnia Collegia Societatis 5 nec enim vouent dujus vel illius loci Habilita- | tem, ideoque ad .nutum admodum R, P. Generalis ex uno in aliud transferuntur Collegium, Secus res abet in ordine fanéhi Benediétiy quia profefi illius voto fe obligant ad fabilitatem clauftri. ; ] + Father Layman in his book, called cenfura Affrologie Ecclefiastica, E et aftri, in extincti, makes his own order to :conititute of itfeif, a t Church cum manifeflum fit in Societate noffra membra ejus omniay fub tc uno generalicapite constituta et gubernata, unius Eeclefce Corpus. Con- 4 sucre BLE DIES 408 Ley | ¢ | 201 From this view of the nature of the inffitute of the Society, it clearly appears a priori, that it was impossible, that the So- ciety could gaim a Civil exiftence as a corporate body of Eccle- fiaftics, in France ; and it was far from the inclinations of the So- ciety to be confidered as fubjects of any Jurisdiétion But their own.—For this reafon in the famous attempt which they made to be incorporated with the Univerfity of Paris in 1564, and an in- terrogatory being put to them, what they were in France, ? Secu- lars, regulars or Monks ? their anfwer was, repeatedly to the queftion, vos fumus in Gallia tales quales denominabit nos curia. - Tt was to preferve this independency of the Order from all Civil States whatfoever under which its Members refide, that the Generals have frequently oppofed, and effectually resifted the Popes themfelves, by having made themfelves necefsary to the Papal See. | Thus ail the attempts to leffen the power of the Father Gene- ral, and to change the conftitution of the Order have never fuc- ceeded ; Paul IV. Pius V. Sixtus V: Clement VHT. attempted’ it in vain. And when the Parliament of Paris confented to. re- eftablifh the Jefuits under certain, refervations, as they before had been admitted provisionally in. the Afsembly at Poissy, the re-admission was in confequence of his Treaty with the Pope; the Pope acquainted the King, and the King the Parliament in refpect to the articles, gue le général des Jésuites né s'en conten- toit pas Se. ne les vouloit approuver, disant, qu’ils éloient contre leurs Statuts, dont le dit général écrivit au roi lettres qui ne pou- voient être. présentées, ct. sont encore les articles approuvés par lui. The King added, that it was a great point gained of the Pope, to admit the order in no other way. The Parliament en- tered it upon their Regifters, that the Pope had desired the King to establish the Jefuits, comme ils éloient auparavant Purrét dé la Cour de 1594, and re-eftablifhed them accordingly. ~ It may not be improper to infert the fpecial clauses of the Act of Poifly ; which if acquiesced in, the Jefuits muft have quitted France. ‘The first consideration was, that they fhould not be re- ceived as a Religious Society. Second, that they fhould take another name. ‘Lhird, that they fhould fubmit to*the Jurisdic- tion, fuperintendance and correcticn of the Episcopal diocefan. Fourth, that the Company should not attempt any thing to the prejudice of the Bifhops, Chapters, Reétors, Uuiverfities, nor of the other Orders. Fifth, that they fhould conform themfelves to the ancient Laws, renouncing exprefledly and sot eget all the privileges contained in their Bulls inconsiftent with the fore- going articles. Autrement, à faute, de faire ou qu'à l'avenir ils e ake rece’ - … aS nw (és ae 1 RSR : GE a ed Ds dant mn à, + # En + PES ee a __ ____ _, 202 en obtiennent d'autres, les présentes demeureront nulles et de nul effet et vertu. Anû the Act concludes, with a salvo, sauf le droit de la dite assemblée et d'autrui en toutes choses : and when the Act came to be regiftered by the Parliament, the conditions ex- preffed were confirined, and the conclufions upon the articles were, that the Jefuits were received quant à présent &c. à la charge des les rejetter si, et quand ci-après ils serotent decouvertss étre nuisibles ou faire préjudice au bien et état du Royaume. The Jefuits allowed all thefe conditions and provisions of their original admiffion to exist, according to the Act of the Affembly of Poifsy (none of which the Society either ‘have fulfilled, or could pofsibly fulfill from the nature of their inftitution) among the pieces which they produced before the French King in 1715, in order to obtain the declaration of the 16th of July, the words are, Qu'ils conviennent de bonne foi, que par l'acte de Poissy, et par l'acte de la Cour qui en ordonne l'enregistrement, ts ne furent reçus comme religieux. Vide Inventaire imprimé, Signé, de Sacy, Avocat, P. Hazon, Jesuite, Procureur Général de la Pro- vince de France, page 6. | The diftinétion they have endeavored to fet up, between the Colleges and the Order is neither fupported by fact, nor by the inftitute of the fociety. For it appears from all the foregoing proofs of their inftitute, that there is one chain of dependence ; that the colleges are not diftinét as communities from the Body ; | that the profefsed Religious hold in truft for the Colleges ; and, therefore, the conclufion is, that if, according to their own con L feffion, the Religious of the Order of Jefuits are not received as perfons capable of a civil exiftence, they are incapable of the trufts, and the colleges are incapable of the ufes. Thus every | thing, built upon the foundation of this anomalous fociety, falls | to the ground together. And it is no wonder that an inftitution, which feems contrived, with a fubtlety more than human, to fub- vert the Laws of every Country Ecclesiaftical and Civil, fhould find in the Laws:of every Conntry, an obftacle to its eftablifh- ment. 208 GEORGE the THIRD by the Grace of Gop King of 1788. Great Britain, France and Ireland, Defender of the Faith, &c. | To our Loving Subjects Kenelm Chandler, Thomas Scott, John Coffin, Gabriel Elzeard Taschereau, Jean Antoine Panet, George Lawe, James M‘Gill, Quinfon de St. Ours and —— Rouville, Esquires. Greeting. ' Fiat. We being moved concerning the Lands and Recorded in the | Eftates now belonging to us, and heretofore bee the al Gopi held and claimed jin our Province of Quebec, nuary 1788, in the third by a certain Religious Community known ae Letters Patent & { by the name of the Order of Jefuits, and oms.folio 186. . : (Signed) _ | for our giving and granting parcels of the G. Pownatt. J faid Lands and Eftates, to Our Trufty and well beloved Subject Jeffery Lord Amherft, his Heirs and Affigns, ‘and being defirous before the gift and grant thereof be made in manner aforefaid to be ascertained in due form of Law, what Lands and Eftates, were held poffeffed and claimed by the faid Order of Jefuits within the faid Province, and the manner and ways by which they acquired, and what portions and parts there- of, have been by them aliened and exchanged, and what parts or portions thereof are now vefted in us, and may by us be legally given and granted in the manner above mentioned, and we being alfo defirous to be fully apprized of the nature and quality of the faid Lands, and the prefent Titles by which they are pos- feffed, their prefent value, the nature and extent of the Right of Seignory, the nature of the tenures. by which they are holden their exact local fituation, the ftate of their culture and popula- tion, and whether any and what claims are made by the Heirs of the Donors of fach parts of the Lands, as were given to the faid Religious Order by private perfons : We have therefore Ap- pointed and given Commiffion to, and by thefe prefents, Do “appoint and grant Commiffion to you the faid Kenelm Chandler, Thomas Scott, John Coffin, Gabriel Elzeard Taschereau, Jean Antoine Panet, George Lawe, James M‘Gill, Quinfon de St. Ours, and ——— Rouville, Efquires, or any three of you, wichout delay to make inveftigation on all and every the particulars before mentioned, by all Lawful ways and means in your Power, and We command that you Certify what you fhall caufe to be done respecting the fame by virtue hereof, under your hands and feals, to the Governor and Commander in Chief of our faid Province, | Dd =) | _ tn le mme le EE bé ty’. “an ee ee oe oe + L id RS. a eS 204 or the Governor and Commander in Chief thereof for the time being. In Testimony whereof we have caufed thefe our Letters to be made Patent, and the Great Seal of our faid Province to be thereunto aflixed. Witness our Trufty and Well beloved Guy Lord DoRCcHESTER, our Governor and Commander in Chief of our faid Province, at our Caftle of Saint Lewis at Quebec, the feventh day of Jany. in the twenty-eighth year of our Reign, and in the year of our Lord one thoufand feven hundred and eighty-eight. (Signed) DORCHESTER. By His Exceilency’s Command, (Signed) | Geo, PownaLt, Sec. I do hereby Certify the foregoing to be a true Copy of an Entry, on Record in the Regiftrar’s Office at Quebec, in Regifter of Let- ters Patent and Commiffions No. 3, folio 186. Ls. MONTIZAMBERT, Actg. Prov, Secy. and Reg. Provincial Secretary's Office, Quebec, 25th February 1824. (Signed) ROBT. S. MILNES, Lieutenant Governor. Province oF Lower-Canapa, to wit :— GEORGE the THIRD by the Grace of Gop of Great-Britain FRANCE & IRELAND King, Defender of the Faith, and so.forth : Fiat To the Sheriff of the Diftrict of Quebec, in Recorded in the Of our Province of Lower-Canada, Greeting: oO sig dé ODS of Whereas all and every the Eftates and Pro- March 1800, in the first perty moveable and immoveable, fituate in Ca- mn gone var te nada, which did heretofore belong to the late folio 446. Order of Jefuits, have fince the year of our Le ger oe saa Bae Lord Chrift one thoufand feven hundred and ‘of Records. fixty, been and now are by Law vefted in us, Le" under and by virtue of the Conqueft of Cana- dain the faid year of our Lord Chrift one thoufand feven hun- dred and fixty, and under and by virtue of the Ceffion thereof = OSC & we 24 oe Mes Et 205 rade by His Moft Chriftian Majefty, in the definitive Treaty of Peace concluded between us, His Moft Chriftian Majefty and His Moft Catholic Majefty at Paris, on the tenth day of February which was in the year of our Lord Chrift, one thoufand feven hundred and fixty three. And whereas of ourefpecial favor—we bave been gracioufly pleafed to fuffer the late furviving Members of the faid late Order of Jefuits who were living and refident in Canada, at the period of the aforefaid Conqueft and Ceffion theres of, to occupy certain parts of the faid Eftates and Property Mo- veable and immoveable, and to receive and enjoy the rents, iflues and profits of fuch parts thereof to and for their refpective ufe, benefit and behoof, during the terms of their natural lives. And whereas all and every the faid late furviving Members of the faid late Order of Jefuits are now deceafed—And whereas fince the deceafe of the faid late furviving Members of the faid late Order of Jefuits; WE, certain efpecial confiderations us thereunto mo- ving, have been gracioufly pleafed, of our further favor to permit the Reverend Jean Jofeph Cazot, Prieft, to occupy divers parts of the faid Eftates and property, which were fo as aforefaid oc- cupied by the faid late furviving Members of the faid late Order of Jefuits, and to receive and enjoy the rents, iflues and profits thereof, to and for his ufe, benefit and behoof, during our Royal pleafure, which for divers good caufes and confiderations, we have thought fit to and hereby do determine ; and whereasin con fideration of the premifes we have refolved to take into our real and actual poffeflion, the parts of the faid Eftates and property of the faid late Order of Jeiuits, which under and by virtue of: our faid Royal permiflion, have been lately occupied by the faid late furviving Members of the faid late order of Jefuits, and by the faid Jean Jofeph Cazot. Now theretore know ye—that we have authorized and empowered, and by thefe prefents do autho- rize and empower and command you the faid Sheriff of our faid Diftrict of Quebec, in our faid Province of Lower-Canada, for us and in our name, and to and for the ufe, benefit and advantage and behoof of us, our Heirs and Succéflors, to enter upon and take into ‘our real and actual poffeffion all and every the Lands, Eftates and property moveable and immoveable, of every defcrip- tion and nature whatfoever, and every: part and parcel thereof, fituate, lying and being in our’ Diftrict of Quebec, in -our‘daid Province of Lower-Canada, which ‘heretofore did belong to the {aid late Order of Jefuits, or whereof or wherein the faid late Order of Jefuits was feized or poffeffed:or had, or claimed ‘any manner of Eftate, right, title, intereft or demand, and ‘which have been fo as aforefaid occupied by the faid late furviving Mem- “pF ee 206 bers of the faid late Order of Jefuits or any or either of them, and by the faid Jean Jofeph Cazot ; AND more particularly to en- ter upon and take into our real and actual poffeffion the Fief and Seigneurie of Notre Dume des Anges commonly called Charlef- bourg, containing one league of Land or thereabouts in front by four in depth, fituate near the Town of Quebec, partly on the Ri- ver St. Charles, where it empties itfelf into the River St. Lawrence, and partly by the faid River St. Lawrence. running back into the Country towards the Weftern Mountains, bounded on the North- Eaft fide by the Fief & Seigniory of Beauport, the property of An- toine Juchereau Duchefnay, Efq. and on the South-Weft fide by the Fief andSeigniory of Dorfainviile, now poffefled by the Nuns of the General Hofpital, near Quebec, in front partly by the faid River St. Charles, and in the rear by Lands yet unconceded. Alfo the Fief and Seigniory of Saint Gabriel, commonly called the Old and New Lorette ; confifting of a league and a half in front by ten in depth, fituated inland at the diftance of a league and a half from the River Saint Lawrence, and adjoining the rear of : the Seigniory of Sillery, formerly belonging to the Reverend Fathers of the Company of Jefus, bounded on the North-Eaft fide by the Fief St. Ignatius, poffefled by the Nuns of the Hôtel Dieu of Quebec, on the South-Weft by the Fief and Seigniory: of Champigny or Godarville, belonging to the Heirs Peuvret, re- prefented by Antoine Juchereau Duchefnay, Efquire, in front by the rear of the faid Seigniory of Sillery, and in depth by Lands unconceded; alfo the Fief and Seigniory of Sillery, fituated on the River Saint Lawrence, consifting of one league of Land in front by a league and a half or thereabout in depth, running back to the Seigniory of St. Gabriel which terminates it in the rear, bounded on the North-Eaft side by the Point called Pointe de Puisseau, and the line which feparates the faid Fief and Seign- iory from the Fief and Seigniory of St. Michel, poffeffed by the Ecciesiastics of the Seminary of Quebec, and on the South-Weft side to the Fief and Seigniory of Godarville, the property of Antoine Juchereau Duchefnay, Efquire. Alfo the Fief and Seig- niory of Belair, commonly called Bonhomme Mountain, consift- _ ing of one league and a half in front by two leagues or thererea- bout in depth, situated in the rear of the Fief and Seigniory of Demaure or St. Auguftin, and running back towards the River Jacques Cartier, bounded on the South-Weft side by the Fief and Seigniory of Neuville or Pointe aux ‘Trembles, and on the North-Eaft side by the Fief and Seigniory of Godarville, in front by the faid Seigniory of Demaure or St. Auguftin, and be- hind by the faid River Jacques Cartier; alfo of the Fief and 207 Seigniory of the Isle des Ruaux, fituated in the River St. Law- rence a little below the Ifland of Orleans, confifting of about half a league in length by eight arpents or thereabout in breadth. Alfo a Tract of Land or Farm, commonly cailed La Vacherie, fituated on and partly furrounded by the River St. Charles, and thence running up towards the Hill called La Cote St. Gene- vieve, bounded on one fide partly by the High Road leading from the Paflage acrofs the faid River St. Charles, and on the other, partly by the Lands of —, in front by the faid River St. Charles, and behind by the faid Hill called La Cote St. Genevieve, confifting in the whole of seventy three fquare Acres or thereabout, as at prefent occupied and poflefled by Da- vid Lynd, Efquire, and his under-tenants, and as more particular- ly bounded and defcribed in the ancient Grants, Title Deeds and conveyances thereof. _ Alfo a tract of Land fituated in the Seigniory Lauzon, and Parifh of Saint Nicholas on the South fide of the River Saint Lawrence, confisting of twenty-nine arpens or thereabout -in front, running from a point oppofite the River Cap Rouge along the River Saint Lawrence to a place five arpents diftant above the Great Rivulet which falls into the faid River Saint Lawrence, at a Farm called the Great Cove, by f—ty arpents in depth bounds ed on the north eaft fide by the lands of the Reprefentatives of Réné Leduc, and on the other or fouth weft fide by thofe of A- braham Milot, in front by the faid River Saint Lawreuce, and be- hind by Land unconceded. Alfo the following tracts, pieces, or parcels of Lands fituated in the Seigniory of Lauzon, on the north fide of the River St. Lawrence oppofite to the Town of Quebec, to wit :—four arpents in front along the River St: Lawrence, two arpents on each fide of a Houfe formerly belonging to the Rever- end Fathers of the Company of Jefus, by twenty arpents in depth, now in the occupation of Jofeph Samson, Cofton and Fortier. An- other tract of Land in the fame Seigniory and adjoining thereto, confifting of two hundred fquare arpents, viz:—five arpents in front along the faid River Saint Lawrence at the diftance of twenty toises from the water at the highest Tides, running to- wards Saint Croix by forty arpens in depth : alfo another tract of Land in the fame Seigniory adjoining that above described, confifting of fix arpents in front along the River St. Lawrence by forty in depth ; and laftly a tract of eleven arpents of Land in front, adjoining the rear of the two preceding traéts, and bounded by the prolongation of the line thereof on each fide, by forty in depth, all as more particularly ftated, fpecified, bounded and defcribed in the ancient titles thereof ; also a piece of Land ee Sr PBC ie ee oe . i. dt auf éd _ id vba: ra 7 Besse Sere ee i 208 confifting of fix arpents fquare, fituated at a place called Tadoufac on the north fide of the River Saint Lawrence, whereon is built a Church and Presbytère or Prieft’s Houfe. ‘Twelve arpents of: ground or thereabouts fituated in the Upper Town of the City of Quebec, bounded in front to the northward by Saint John’s Street, behind partly by the inclofure wall of the Urfuline Garden, and: partly by the ground of the Urfuline Nuns without their inclo- fure, on the one fide by the Road leading from Saint John’s Gate along the Ramparts or ‘Fortification and by the Parade, and on the other partly by Staniflaus Street, & the Houfes & Walls of the Jefuits Garden oppofite the vacant ground in front of Dauphin Barracks to the corner of the inclofure of the Urfulines Convent aforefaid, excepting therefrom the ground whereon is erected the Dauphin Barracks and the unoccupied fpace in front thereof.— Also a piece or parcel of ground fituated in the Upper Town of Quebec, confitting of feverity-three fquare perches or thereabout bounded in front by the Street called Garden Street, in rear by the Wall of the inclofure of the Uriulmes Nun’s Convent, on one fide by the fquare in front by the Urfulines Church on a line run- ning feventeen feet, and onthe other fide partly by Saint Anne Street ona line running thirty-feven feet, and partly by the rear of Lots belonging to the Widow Seguin, Pierre Vincent and Charles Pinguet —Alfo a lot or piece of Land fituate in the fu- burbs of Quebec, outfide Palace Gate, confifting of fifty-eight fquare perches or thereabouts bounded in front by Saint Nicho- yas Street, as far as the House of Delignets at one fide of the faid Street, running in another direction as far as the House of Ma- dame Larche, in the rear by the Street running along the front of the Storekeeper General’s Stores, and at the other fide by the © fquare in the middle of which the Batteau Guard Houfe ftands, Alfo three conceffions or lots of ground in the Upper Town of Quebec, bythe Church Wardens of the Parifh of Quebec tothe Reverend Fathers of the Company of Jefus, confifting of the lots of M*Nider, Widow Valain, Turgeon, Berthelot D‘Artigny, and Widow Renvozé. AND we do-heréby enjoin and command You, that all and whatfoever You fhall do by virtue of this com- miffion, You do certify underyyour Hand and Seal, into our Court of King’s Bench, of and for our Diftrict of Quebec, in our said Province of Lower Canada on the fixteenth day of April now next enfuing, together with this Writ, there to remain of Record for ever. | 467 In Farry and Testimony whereof, We have caufed these Our Letters to be made Patent, and the Great Seal of Our faid Pro- vince of Lower-Canda, to be hereunto affixed. Witnefs our 209 Trufty and well beloved Robert Shore Milnes, Efquire, our Lieutenant-Governor of and for our faid Province of Lower-Ca- nada, at Our Caftle of Saint Lewis, in Our City of Quebec, in Our faid Province, the eighth day of March in the year of Our Lord Chrift, one thoufand eight hundred, and in the fortieth year of our Reign. (Signed) R.S. M. (Signed) | GEORGE POWNALL, Secy. EE ee An Inventory of Effects seized by the Sheriff of the District of Quebec, to and for the use of His Majesty, belonging to the deceased Re- verend Pierre Cazot, as representing the late Order of Jesuits in the Province of Lower-Canada, in virtue of the King’s Writ to him directed bearing date the eighth day of March 1800. The following delivered by Messire Joseph Octave Plessis, Coadjutor of Quebec, vizt, * 1 Ostensoir ou Soleil, - § Calices, 2 Ciboires, 3 Paires de Burettes, 2 Plats pour ditto, 6 Chandeliers et Croix, - 2 Chandeliers portatifs, 1 Benitier, 1 Croix processionnale, 2 Bras ou Girandoles, 2 ditto, 4 Pots à fleurs avec les Fleurs, } Encensoir et Navette, 1 Lampe, 1 Piscine, 1 Statue de la Sainte Vierge, 1 Ditto Saint Ignace, 1 Ditto Saint Francois Xavier, 14 Cuillières pottagères, 24 Ditto de Table, 4 Grandes Fourchettes, 24 Fourchettes de Table, 2 Cuillieres à Caffé, 2 Ecuelles avec leurs Couvertes 2 Goblets, ‘ qd’ Argent. ee eee SR me ME PONTS ee ne ) wae ae ee ee — -n si NARs ene éme ms > | 10 GO Ore 210 & Chandeliers et Croix, Ditto petits, | Pots à fleur, + argentés. Statues, Reliquaires d'Argent, Chandeliers, Ditto, dont un cassé, Christs, Petits Chandeliers portatifs, Ornements.. de Cuivre. FWD DONW LAD Devant-d’Autel, Chasubles garnies, Chapes, Dalmatiques, Etole et vieilles do. Lingess I Drap mortuaire, 24 Aubes, 29 Surplis, 15 Nappes d’Autel, 14 Ditto de Communion, 9 Douzaines Ditto de Purificatoires, 17 Corporaux, 12 Palles, 123 Amiots, _ 40 Linges à Lavabo, 15 Cordons, 8 Essuiemains, 1 Paquet de Linge sale, 1 Ditto ditto, k Ditto ditto, 1 Caneau rouge, 5 Vieux Tapis, 6 Petits Tableaux,, 1 Statue de Cire, ~ 2 Bouquets, 4 Missels, 2 Pupitres, 1 Livre de Chant, 1 Table de Marbre, 1 Lustre de Cuivre, Quelques vieux Fauteuilles, Chaises, &c. 1 Pendule, | 1 Christ d'Ivoire, 3 Couronnes de Fleurs,’ 3 Reliquaires de bois doré, 4 Garnitures de Canon d’Autel. - 211 The two following Trunks of Books and Papers are deposited in the Office of the Secretary of the Province, together with a Box contain- ing the Aven et Dénombrement of the Estates heretofore belonging to the late Order of the Jesuits in Lower-Canada, vizt, à A TRuNK mark’p “No, 1 ‘ Jesuits’ Papers ?? containing as follows : Parchment Folio Book of Accounts endorsed ‘ Des Anges.’’ Parchment cover Folio Book, endorsed « Montagne à Bonhomme ou Belair,’? 1 Ditto 4to. containing Contracts, &c. 1 Ditto folio ditto, 1 Green Vellum ditto, endorsed on the first leaf.J..M. J. Ce Livre a été commencé le freize Juin 1753.—Fief de St. Gabriel. 1 Ditto in Sheep, first. leaf headed « Fiefs de Notre Dame des Anges.” 1 Ditto rough Calf, the first leaf beginning Si varat annales &e.”” 1 Ditto Parchment, the first leaf beginning ‘ Missio &c. Anno 1642 et 1643. 1 Ditto Green Vellum, on the first leaf “© J. M. J.” Ce Livre a été commencé le huit Mars 1754, «* Fief de Notre Dame des Anges,” A paper endorsed “1773 Repertoire de la Jeune Lorette pour le “© Revd Père Giroult,”? | 244 A Paper Book, endorsed « Repertoire du Fief de St. Gabriel &c.”” A. Paper Book, intituled « Aveu et Dénombrement du Fief et’ Sei- ‘ gueurie du Cap de la Magdeleine.?? A Ditto, entituled « Extraits des Régistres des insinuations du Con- seil Supérieur de la Nouvelle France,”? . endorsed with a Peneil Déclaration de 1743.” | A Book, without cover, marked on the first leaf « A,” the first line L’Article premier de quatre lieues d’étendue? | A Ditto with Parchment cover, endorsed * Gabriel.?? A. Ditto ditto, “ Sillery 1719,” bi hi A roucx Carr Paper Casr CONTAINING, vizt. Paper Book, endorsed « No. 1, Notre Dame des Anges, 1 Eglise, 1 Presbytére et un terrein d’environ 4 arpens en superficie ?? A Ditto, headed No. 2, Ancienne et Jeune Lorette, * deux Eglises ‘ et deux Presbytères, 3 arpens en superficie.” MEL Ty A Ditto, endorsed « 1733." 385 C.S. Notre Dame des Anges.” A Ditto, beginning “Pan mil sep ‘cent quatre-vingt-un, le "vingt ‘ Juillet &c.” | = À Ditto, headed “ Narration du Voyage fait &c.” A Ditto, ditto “ Pan mil sept cent qüatre-vingt-un, le 12 Juillet &c.” And other Papers. Carte réduite des Mers du Nord. “Eve ta | use y cd PRÉ RO Rhin Rte mm mon es eT liste « cit item ct nee. 2 . 4 4 Y LA sl ey i 212 A Parchment Folio Book, the first leaf beginning ‘ Continuation é des Régistres précédens, dans lesquels tous les Recteurs de ce « Collége ont écrit ce qui s’est passé de considérable dans ce « Pays &c.” | A yellow rough Calf quarto ditto, intituled ‘ Comptes des Mis- « sions depuis 1758.” Comptes DE LA RESIDENCE. A Parchment folio’ ditto, marked on the Cover, “ Repertoire des « Fiefs Saint Gabriel et Sillery.”’ A green Vellum ditto, headed ¢¢ Repertoire pour servir à recevoir les <¢ Cens et Rentes pour lé Fief de Notre Dame des Anges,” avec un Plan détaché du Trait-quarré de Charlesbourg. A green rough Calf ditto containing Accounts. A Parchment ditto, headed “J. M. J. “ Ce Livre a été commencé 66 Je——Xbre. 1753, Fief de Sillery.” A en Book, headed “* Table des Habitans nommés dans le Papier errier.”’ A Parchment ditto, headed ‘ Fief de Belair.” | ‘A mark cover ditto, headed, “ Domeftiques de Notre Dame des Anges, en Février 1757.” A Parchment folio ditto, marked, 6 Terrier du Fief de Belair.” A Quarto ditto, containing des Donations, Conceffions, Con- tracts &c. beginning by a Certificate of the Intendant Bou- terone, 3 Bundies ‘Titres, Conceflions, ‘Donations, » Actes &c. marked A. B. C. sas 1—ditto, Titres dé N. D. des Anges, 1—ditto, Contraéts de Conceflions a Batiscan, 1798 & 1799. j—ditto, Conceffions par Monfr. Desjardins, dans la Seigneurie de St. Gabriel, LD 2. 1—ditto, Actes &c. &c. &c. marked D. 1—ditto, Extrait des Regiftres du Confeil Superieur, &c, &c. &c. E, . * | 1.—ditté, Actes, &c. &c. F. | 1=—ditto, Conceffions dans la Seigneurie de St. Gabriel, G. & H. ri À : / , a 1—ditto, divers Papiers, I. 1—ditto, Contrats de Conceffion K. 1—ditto, Procès Verbaux, et Obligations, et Baux, L. 7 Trunk No 2. Jefuits’ Papers, vizt : i—Bundle of Comptes et Quittances, M. & N, 213 ~ 1—ditto, Papers relating to St. Gabriel O. 1—ditto, ditto, to Sillery, P. 1—ditto, Procès Verbaux, &c. &c: Q.. Sd 1—Bundle of Papers, relating to Three-Rivers, R. 1—ditto, to Batiscan, S. 1—-ditto, to Batiscan, S. 1—ditto, Cap de la Magdeleine, T. P—ditto, Belair, V. 1—ditto, N. D. des Anges, U. 1—ditto, ditto, W. 1—ditto, to the City of Quebec, X. A Box marked, ‘ Aveux et Dénombremens des biens autrefois aux Jésuites, contenant les dits Aveux et Dénombremens,” comprised in 49 Sheets. All the following Articles were left at the Jefuits’, College. Books, viz: Dictionnaire de Trevaux, folio, 7 Vols. Ditto, de Pontas, 3 do. Dito, Economique, 2 do. Pontifical Romain, 1 - do. Entretien du P. Novel, 4to. 1 do. Meditations du P. Dupont, 1 do. Martyrologes Romain, + 1 do, Abregé de Geographie, 8vo. 1 do. Sermons fur les Myftères, 1. do. Confeflions de St. Rent, 1 do. Pratiques de Piété, Retraite de St. Ignace, Année de Chrétien, 13 do ~ Myftères du Père à deux Etoiles, fics, Sermons du Pére Cheminées, 8me. Vol. Ditto, fur divers fujets Morales, Le Maitre Italien, Le Caractére de la Veritable et de la fauite piété, | Les Œuvres de St. François de Salle, Offices à l’ufage de a Société de Jésus, Théologie Françoise, Dictionnaire Geographique, Sermons de Mr. Mavoles, 2 Vols. Conferences fur l’ufure et fur la Reftitution, ler. do. Sermon de Père Trey de Neuville, 6 do, . 214 Lecons de la Sagefie, La Veritable manière de Précher, Sermons du Père Bretonneau, Inftitutions au Droit François, Panégyrique des Saints, Penfées du Père Bourdaloue, La Sainte Bible, Le Chrétien en Solitude, Les progrès de la Vie Spirituelle, Vie de Père Regis, Traité de la Mort de Dieu, Entretiens de Monfieur le Commandeur xxx. Lettres Edifiantes, Memoires du Levant, Entretiens de Ciceron, Nouveaux Memoires des Miffions de la Compagnie de Jéfus, Hiftoire de France, Spectacle de la Nature, Œuvres de Monfier Boileau, Exercifes de piété, Meditations du Pére Dupont, Hiftoire Sainte, Aétions Chrétiennes, Etabliffement de la Foi, Theforier et Venomie, Paradifus Anna Chriftiana, Le veritable Art du Blafon, Nouvelle Chirurgie Medicinale, Les Entretiens Phyfiques, Les Sermons du Père Teraflons, | Epiftolæ proepofitorum Generalium ad Patres et cietatis Jefu. Pratiques de piété. ‘Les Souffrances de Jésus Chrift, Introductions de la Vie dévote, Officia ad usum p. p. Societatis Jesu, Supplement, Le Journal des Saints, Conduite Chrétienne, La Conduite de Saint Ignace, Jesus Maria, Extrait du Rituel Romain, Le Nouveau Testament, Breviarium Romanum, 3 Vols. 2Qme. do. ler. do. 2 Vol. 2 Vols. 8me. do. 9me. do. 9 do. 12 do. 2 do. 3me. do. 2 Vol. 4me, do. 2me. do. 2 Vol. 3 Vol. _4me. do. Fratres So- 8 Vols. 2 Vols. 215 Traité de la Nouvelle Orthographie, Ordo adminiftrandi Sacramenta, Livres de Priéres, Méthode pour converser avec Dieu, 2 Breviarium, La Dévotion à Jésus Chrift, Règle de la Compagnie de Jésus, Pratiques des Cérémonies de la Sainte Meffe, Pratique facile pour élever Ame, Avis donné aux Confeffeurs, A Trunk of Private Papers. Dans LA CHAMBRE ET CABINET DU R, P. Cazor. Un 5 Plans in Rollers, Deux Bergères, 2 Ditto without ditto, Huit Chaises, 5 Paires Souliers, Un Poele de Fer avec huit feuilles 5 Paires de Tuyeaux, 1 Bonnet quarré, Une Table avec un Tapis bleu, 28 Bouteilles vuides, Un Prie-Dieu, 1 Cane, Un Tabouret, i File, 10 Cadres, 1 Pièce Toile cirée, 3 Pièces Matelas et lit garni, 12 Ps. vieilles Culottes, 2 Tables, 2 Gilets, 8 Vieilles Chaises, 1 Ceinture, 2 Valises, 1 Vieux Chapeau, : 1 Redingote noire, 1 Longuevue, — 2 Soutanes, Au RErECTOIRE. 1 Poële avec 17 Feuilles, 1 Bombe de cuivre, 1 Pendule, 5 Sellieres de Cristal, 1 Table pliante, 6 Verres a pattes, 6 Chaises, 12 ditto a vin, 2 Petits Tabourets, 5 Pots de Grais, 1 Commode, 7 Flacons, 2 Jarres, 7 Caraffes, 1 Quart à l’Eau, 1 Beurier, 3 Cruches de Grais, 1 Théière, 1 Pilonde-………. sey 10 Tasses à Café, 8 Douzaines et 3 Assiettes de 1 Plat à barbe, Grais, = 2 2 Sucriers, 5 Bolles de Grais, 1 Douzaine Couteaux, et 3 Soupières d’Etain, I Douzaine Fourchettes a 1 ditto Grais, manches noires, 24 Plats ditto, 9 Couteaux Communs, 4 ditto d’Etain, | 84 Douzaines Vin blanc, 3 Ecuelles, ditto, 2 Sauciers de Gras. se RMI De a 216 A LA CUISINE. 1 Table, 2 Sappes, 1 Buffet, 2 Grandes Fantele 1 Fontaine de cuivre, 1 Quart à PEau, 1 Tournebroche, 2 Paires de Pincettes, 3 Poëlles a frire, 1 Paire Chené:s, 1 Léchefritte, 2 Pelles, 9 Casseroles, 4 Trépieds, 3 Marmittes, } Bejeau a lâcher, 2 Chaudieres de cuivre, 1 Souflet, 2 Passoires, 3 Entonnoirds, 1 Grille, 1 Moulin à poivre, 1 Ecumoire et Cullière à pot, 1 Tableau, 3 Cafetiéres, 1 Chaudière de fer blanc, 2 Chandeliers de cuivre, 1 Fanal. 1 Frillon de fer blanc, Au CABINET. | 1 Table, 6 Targettes de fer, 1 Quart Vin blanc à motié vuide, 7 Petites Boéttes, 1 Canne, 1 Redingote, 1 Escabeau, 3 Soutandes. DECHARGE. 1 Armoire, 3 Flacons, 3 Tables, 1 Seringue, 3 Chaises Bourrées 1 Bassin. 12 ditto vieilles, 1 ditto cuivre, 8 vieux Tapis, 2 bolles Blanches, 2 Cruches, 1 sac de ris, 20 Quarts vuides, 1 Tourtière de cuivre, G Tinettes ditto, 1 Poissonnière, € 2 ditto de Beurre, 2 Saloirs avec un p--de lard, 1 vieille Bergère, 2 vieilles Cartes Géographiques, 3 grandes Casseroles de cuivre, 1 Sellier, 1 Baril de Plomb, 2 vieilles Aiguines, 1 paire Balances de cuivre, 22 Bouteilles Vin blanc, 1 vieux Baudet, 1 Chaise commodité, _ 1 vieille Fontaine de Cure, 2 Sappes, 3 Chaudières ditto, 5 Fers à fasquer, 1 Chaudron, 1 paire Bottes de peau de mou- 2 Marmites, 3 ton, 1 Palan, 1 petite Fontaine de fer blanc, 4 vieux Seaux, 1 Boite avec un peu: de er 1 Hache, delles, Des vieilles Serrures, . 217 CHAMBRE OCCUPE’E PAR 2 Lits garnis, 2 Poëles avec 4 vieilles iles de taule, 9 Images, | LINGE. 42 Chemises, 27 Draps, 32 Essuie-mains, 61 Nappes, 6 Tétes d’Oreiller, CHAMBRE DE Francois Dorvat. 1 Poele avec son tuyau, 1 Armoire, 1 Table, 1 Lit garnids, ECURIE. 1 Cheval et une Vache, 1 Caleche, 1 Cariole, ALLEE. 2 Cloches, 1 Hote, 1 vieille faux, 1 ditto. Seri, 2 vieux Seaux de fer blanc, 1 Garde-feu, 8 Seau de cuir, 2 Escabeaux, 1 vieille Bergère, 1 Garniture de Cariole, 1 Paire Raquettes, < 39 Ditto de Toile, 25 Paires Chaussons de Toile, 52 Torchons, 300 Bottes de Foin aux environs. LES DOMESTIQUES. 3 vieilles Chaises, | 1 Balais de crin, | 1 vieux Souflet. 8 Mouchoirs, 2 Bonnets de Coton, 5 vieilles Chaises, 1 Rideau vert, 1 Chandelier de cuivre, ] Prie-Dieu. 1 Charette, 1 Harnois complet, 1 Petit Chariot, 7 Quarts vuides, 1 Baudet, 1 vieux tuyau, 1 Barrique à l’eau, 1 Poéllon de Cuivre, 2 vieilles Hadches, — 4 Tables sans pieds, 1 Petite Charrette, 1 Béche de fer, GLACIERE. 2 Jarres, 4 Quarts vuides, 8 Minots d’Avoine, 1 Berline, | Ferrailles; © 2 Cuves, | 1 :Fléau, 1 Chaudron, | 2 Cruches, Plat de Sain-doux, = Des Poids à peser, 2 Sappes. — 2. Paniers, 4 218 CHAMBRE DE Mons. DEsJARDINS. 1 Lit complet avec des Rideaux 3 Chaises tournées, d’Indienne, 1 Bergère, } Bibliothèque, t Fautenil, 1 Table, 1 Prie-Dieu, I Armoire, 5 Pains de Sucre d’érable, } Chandelier de Cuivre, 1 Chaise commodité, 1 Miroir, | CHAMBRE DU SACRISTAIN. 1 Poële avec 13 feuilles de taule, 2 Armoires, 1 Petite Table, 1 Bergère, 8 Chaises communes, 3 vieux Rideaux d’Indienne, 4 ditto en bois, 1 Seau de cuivre, 5 ditto bourrées, _ Quelques vieux Rideaux verts, 1 Armoire double, 4 Couches. 1 Lit garnid, ARGENT Monnoye’. TS his money is | Chez Messrs. Lester and Morrogh, £65 12 9 Le ec | Entre les mains de Mr. Perinault, 50 O0 Q the Ca of th 4 Argent prété à diverses personnes dans 5 LS P s { leur besoin, I6 270 Cause “0% En Caisse, 25 tl 84 : L £Y5T 6 54 Quebec, 28th March 1800. (Signed) Ja. SHEPPARD, | | | Sheriff. (INDORSE D.) Inventory of Moveables belonging to the laté Order of Je- fuits in Lower-Canada, Seized by the Sheriff for the Diftrict of Quebec. | Filed of Record inthe Court of King’s Bench at Quebec the 16th April 1800, (Signed) pe de. By virtue of the within writ, I have entered upon and taken into the real and actual poffeffion of Our Sovereign Lord the King, all and every the Lands, Eftates and Property, moveable & immoveable of every defcription and nature whatfoever, fituate, lying and being in the Diftrict of Quebec, in the Province of Lower 219 L Canada, which heretofore did belong to the late Order of Jefuits, or whereof or wherein the faid late Order of Jefuits, was seized or pofiefled, or had or claimed any manner of Eftate, right, title,. intereft or demand, and which have been occupied by the late furviving Members of the faid late Order of Jefuits within nam- ed, or any or either of them, or by Jean Jofeph Cazot, within named, and more particularly all and every the Fiefs, Seignio- ries, Lands and immoveable Eftates and property within particu- larly defcribed, and the moveable property in the Schedule here- unto annexed, contained—All which, I do hereby certify into His Majefty’s Court of King’s Bench, of and for the faid Diftrict of Quebec, as by the within writ I am commanded. GIVEN under my hand and feal at the City of Quebec, in the faid Province of Lower-Canada, the fixteenth day of l m the year of our Lord Chrift, one thoufand eight hundred, and in the fortieth year of His Majes n. (Signed) J. SHEPHERD, Sheriff. = ES : PRovINCe OF LowER-CanaDA, . RE Diftrict of Quebec. : ‘ WE Jofeph Francois Perrault, and John Rofs, Efquires, Joint Prothonotaries of His Majefty’s Court of King’s Bench for | the Diftrict of Quebec, and Keepers of the Records thereof, do hereby certify, that the thirty eight preceding pages contain true Copies of certain Letters Patent, together with a certain Inven- tory thereto annexed, and alfo of the Return of the Sherifof the Diftrict of Quebec, with his doings thereon alfo thercunto annexed, the whole remaining depofited in the Archives of the Court of King’s Bench for the faid diftrict. PERRAULT & ROSS, Quebec, 25th February 1824. P,. B, K, =p À dé Mots. Al soie.“ le 220 PROVINCE OF LOWER-CANA DA. (Signed) DALHOUSIE, GOVERNOR, Instrument for Cancelling GEORGE tHe FOURTH by the Grace core issued doe the Ap-| of Gop of the United Kingdom of Great poinépans of Commission Britain and Ireland, King, Defender of ers for the , Management ° of the Estates formerly be- the Faith. longing to the Jesuits in/To all to whom thefe Prefents fhall Come, this Province, & Appoint- , ; + ing new Commissioners | OF May in any wife Concern, Greeting : thereto. Den Wuereas by Letters Patent under the Recorded in the Regis-| Great Seal of our Province of Lower-Cana- ters Office of the Records|da, bearing date at our Castle of Saint-Lewis at Quebec the 12th day of|. L » à | November 1822, in the|!N our City of Quebec, in our faid Province, pe PRET aeama the fixteenth day of July, in the year of our siohie.cMalio 250: “\Lord one thoufand eight hundred, and in (Sigma) aa the fortieth year of the reign of His late s. MoNTIZAMBERT, Maieft Francois Bab Actg. Prov. Secy.PAAJERT, François Baby, ‘Thomas Dunn, a Jenkin Williams, John Hale, and Berthelot Dartigny, Esquires, were made, Conftitured and Appointed du- ring the Royal Will and pleafure, Commiflioners, as well for En- quiring into all the Immoveable Eftates and Property, fituate in the Province of Lower-Canada, which did heretofore belong to the late Order of Jefuits, as for the Management, Adminiftration, Improvement and Amelioration of the faid Immoveable Eftates and Property, and His faid Majefty in and by the faid Letters Patent did give and grant unto the faid Commiffioners, divers Powers and Authorities which in the faid Letters Patent are par- ticularly fet forth and contained, to have and to hold the faid Ap- pointment and Office unto them the faid Commiffioners feverally and respectively for and during the Royal Pleafure. And Where- as also by other Letters Patent under the Great Seal of our faid Province bearing date at the faid Caftle of Saint Lewis, the twelfth day of December, in the year of our Lord one thoufand eight hundred, ‘and in the forty-firft year of His late Majefty’s Reign, the Royal Will and Pleafure was determined with respect to the Appointment of the faid John Hale, and the aforefaid Letters Patent were revoked and annulled, in fo far as the same related to the faid John Hale, and His faid Majefty did make, conftitute and Appoint Nathaniel Taylor of the City of Quebec, Esquire, to be during the Royal Pleafure Commiffioner, in the ftead of the faid John Hale. . And Whereas alfo the {hid _ > a Patent under the Great Seal of our ffid Province, bearin 221 Nathaniel Taylor (having departed this life) by other Letters date at the aforefaid Caftle of St. Lewis, the 15th day of April in the year of our Lord one thoufand eight hundred and feven, and in the forty feventh year of the Reign of His late Ma- jefty, Herman Witzius Ryland, of the faid City of Quebec, Efquire, was made, conftituted and appointed to be during the Royal pleafure, Commiflioner, in the ftead of the faid Nathaniel Taylor, Efquire, deceafed : And whereas alfo by other. Letters Patent under the Great Seal of the aforefaid Caftle of Saint Lew- is, the twenty fixth day of June in the year of our Lord one thoufand eight hundred and fifteen, and in the fifty fifth year of the Reign of His late Majefty, the Honorable Pierre Amable De Bonne, John Mure, William Bachelor Coltman, and John Stew- art, of the faid City of Quebec, Efquires, were made, conftitu- ted and appointed, to be during the Royal Pleafure, Commiffion- ers jointly with the faid François Baby, Thomas Dunn, Jenkin Williams and Herman Witzius Ryland, Commiffioners, as faid, with the fame powers and authorities as in y forefaid ing date at the aforefaid Caftle of Sint | entieth day of November in the year of our Lord one thoufand eight hundre and fixteen, and in the fifty feventh year of His late Majefty’ & City of Que bec, was made conftitated and appointed to be during the Roy- ‘émmiflioner, in the ftead of the faid Pie RER aes Se e, and whereas alfo by other Letters Patentun- | he Great Seal of our faid Province, bearing date at the afore- le of Saint Lewis, the twenty third day of October in sord one thoufand eight hundred and eighteen, ighth year of His late Majefiy’s Reign, the a= forefaid Letters Patent of the twenty fixth day of June in the year of our Lord one thoufand eight hundred and fifteen, fourth- ly above mentioned, were revoked and annulled in fo far as the fame related or had reference to the {aid John Mure, and there- in and thereby John Ready, of the faid City of Quebec, Efquire, was made, conftituted and appointed, during the Royal pleafure, Commiflioner in the room, place and ftead of the faid John Mure, and whereas laftly the faid Jenkin Williams, one of our {aid Com- miffioners, having alfo departed this life, by other Letters Patent, under the Great Seal ot our faid Province, bearing date at our Ps SR ts te ds ms ot Jae! SS eae He ES ERE I + = —_ tT se _ = ~ - " 4 pin sut ei > a. es es” en ee me mg i jt = _— - * ~- ACT” . L HAT LS RT SEM _ Dee ip à eme ee pd 00 = Ars Pisce Tea 2 ¥ 222 Caftle of Laint Lewis in our faid Province the first day of June in the year of our Lord one thoufand eight hundred and twenty, and in the firft year of our Reign; we did nominate, conftitute and appoint Lewis Foy, Efquire; of the faid City of Quebec, one of our faid Commiffioners during our Roya! pieafure, in the room, place and ftead-of the {aid Jenkin Williams, deceafed, as therein and thereby it is fully and at large fet forth, and with the feveral powers and authorities therein mentioned, now therefore know ye that for divers good caufes and confiderations us thereunto mo- ving, we have thought fit to determine, and hereby do determine our Royal pleasure with refpect to the third, fourth, fifth, fixth, and feventh above defcribed Letters Patert, and the fame to re- _ year of our Lord one thoufand eight hundred and eighteen ; and Ryland, William Bachelor Coltman, John Stewart, Smith and Lewis Foy, to be during our Royal Pleafure our Com- miflioners, as well for enquiring into all the Immoveable Eftates and Property fituate, lying, and being in our faid Province of Lower-Canada, which heretofore did belong to the late Order of Jefuits, as for the Management and Adminiftration, Improve- ‘ment and Amelioration of the faid Immoveable Eftates and Pro- perty, hereby Appointing them the faid Sir Francis Nathaniel Burton, Herman Witzius Ryland, William Bachelor Coltman, John Stewart, William Smith and Lewis Foy, for that purpofe, and fully and effectually giving and granting to them the faid Sir Francis Nathaniel Burton, Herman Witzius Ryland, William | two, and in the third Year of our à 223 Bachelor Coltman, John Stewart, William Smith and Lewis Foy, all, each and every, the powers and authorities granted in and x 4 by the faid firft in part recited Letters Patent, bearing date the faid fixteenth day of July, which was in the year of our Lord one thoufand eight hundred, to the Commiffioners therein named, as fully and amply to all intents and purpofes as if the fame were herein and hereby particularly expreffed, to have and to hold the faid Appointment and Office unto them the faid Sir Francis Na- thaniel Burton, Herman Witzius Ryland, William Bachelor a Coltman, John Stewart, William Smith and Lewis Foy, for and : during our Royal Pleafure. In Witness whereof we have caufed thefe our Letters to be made Patent, and the Great Seal of our {aid Province of Lower-Canada, to be hereunto affixed. Wit- ness Our Trufty & Well Beloved GrorGce, EarL or DALHOUSIE, Knight Grand Cross of the Moft Honorable Military Order of the Bath, Our Captain General and Governor in Chief in and over our faid Province of Lower-Canada, Vice Admiral of the fame, &c. &c. &c. At our Caftle of Saint Lewis in our Cit NEC. he year of our Lord one thoufand eighth hundred and twenty- (Signed) Ls. MonrizAMBERT, | Actg. Prov. Secy. - er Re I do hereby Certify the foregoing to be a true Copy of an. Entry as on Record in the Regiftrar’s Office at Quebec, in Regis ter of Commiffions and Letters Patent No. 7, folio 250. =. ee (Signed) Ls. MONTIZAMBERT, ss Actg. Prov. Secy. and Reg. = Provincial Secretary’s Office, * Quebec, 24th February 1824. | | D vu + . ‘ dites cts ENT ES oo 2s Lis, ch Stentpes ees Ann!) Se ee "té — = ee SDS Le |). ve Net er 0 40 à: ee Te ee & a bh —--- = —+ - Ce ee net EEE Ow ee 269 1 bb4