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M B E R VI.
ARTICLES of CAPITULATION granted by
Sir GeoFFRY Amherst to the CANADIANS,
Surrender of MONTREAL and the whole Province of CANADA
to the British Arms in September 1760.
[N. B. The articles that are here omitted are intirely of a temporary nature, and no
ways affect the present constitution of the province.]
HE militia, after being come out of the above
towns, forts, and posts, shall return to their homes, without being molested, on any pretence whatsoever, on account of their having carried arms.
Article VII. The magazines, the artillery, firelocks, fabres, ammunition of war, and in general every thing that belongs to his most Christian Majesty, as well in the towns of Montreal and Trois Rivieres, as in the forts and posts mentioned in the third article, shall be delivered up, according to exact inventories, to the commissioners who Thall be appointed to receive the same in the name of his Britannic Majesty. Duplicates of the said inventories Thall be given to the Marquis de Vaudreuil.
This is every thing that can be asked on this article.
Article XII. The most convenient method that can be found shall be appointed to carry the Marquis de Vaudreuil, by the straitest passage, to the first sea-port in France. The necessary accommodations shall be made for him, the Marquis de Vaudreuil, M. de Rigaud, governor of Montreal, and the suite of this general. This vessel shall be properly victualled at the expence of his Britannic Majesty; and the Marquis de Vaudreuil shall take with him his K 2
papers, without their being examined, and his equipage, plate, baggage, and also those of his suite.
Granted, except the archives which shall be necessary for the
government of the country.
Article XXI. The English general shall also provide thips for carrying to France the officers of the supreme council, of justice, police, admiralty, and all other officers having commillions or brevets from his most Christian Majesty, for them, their families, servants, and equipages, as well as for the other officers; and they shall likewise be victualled at the expence of his Britannic Majesty. They shall, however, be at liberty to stay in the colony, if they think proper, to settle their affairs, or to withdraw to France, whenever they think fit.
Granted; but if they have papers relating to the government of
the country, they are to be delivered to us,
Article XXIV. The provisions and other kind of stores which shall be found in the magazines of the commiffary, as well in the town of Montreal and of Trois Rivieres as in the country, shall be preserved to him, the said provisions belonging to him, and not to the King, and he shall be at liberty to sell them to the French or English.
Every thing that is actually in the magazines, destined for the use
of the troops, is to be delivered to the English commissary for the King's forces.
Article XXV. A passage to France shall likewise be granted on board his Britannic Majesty's ships, as well as victuals, to such officers of the India Company as shall be willing to go thither, and they shall take with them their families, fervants, and baggage. The chief agent of the said company, in case he should chuse to go to France, shall be allowed to leave such person as he thall think proper, till next year, to settle the affairs of the said company, and to recover such sums as are due to them. The faid chief agent shall keep poffeffion of all the papers belonging to the said company, and they shall not be liable to inspection,
Article XXVI. The said company shall be maintained in the property of the ecarlatines and castors, which they may have in the town of Montreal; they shall not be touched under any pretence whatever, and the necessary facilities shall be given to the chief agent to send this year his castors to France on board his Britannic Majesty's ships, paying the freight on the same footing as the English would pay it.
Granted, with regard to what may belong to the company, or to
private perfons; but if his most Christian Majesty has any mare
in it, that must become the property of the King. Article XXVII. The free exercise of the Catholick, Apostolick, Free exercise of and Roman religion, shall sublist intire, in such manner that all the Roman Cathe states and people of the towns and countries, places, and distant posts, Thall continue to assemble in the churches, and to frequent the facraments as heretofore, without being molested in any manner directly or indirectly.
These people shall be obliged, by the English government, to Payment of pay to the priests the tithes and all the taxes they were used to pay church-ducs. under the government of his most Christian Majesty.
Granted, as to the free exercise of their religion. The obligation
of paying the tithes to the priests will depend on the King's
Article XXVIII. The chapter, priests, curates, and missionaries thall continue with an intire liberty their exercise and functions of their cures in the parishes of the towns and countries.
Article XXIX. The grand vicars, named by the chapter to administer to the diocese during the vacancy of the episcopal fee, shall have liberty to dwell in the towns or country parishes, as they shall think proper. They shall at all times be free to visit the Power of the different parishes of the diocese, with the ordinary ceremonies, and even close colectia exercise all the jurisdiction they exercised under the French aftical jurisdicdominion. They shall enjoy the fame rights in case of death of the future bishop, of which mention will be made in the following article. Granted, except what regards the following article.
Nomination of the furure bilhops.
Article XXX. If by the treaty of peace Canada should remain in the power of his Britannic Majesty, his most Christian Majesty thall continue to name the bishop of the colony, who shall always be of the Roman communion, and under whose authority the people shall exercise the Roman religion.
Article XXXI. The bishop shall, in case of need, establish new parishes, and provide for the re-building of his cathedral and his episcopal palace; and, in the mean time, he fhall have the liberty to dwell in the town or parishes, as he shall judge proper. He shall be at liberty to visit his diocese with the ordinary ceremonies, and exercise all the jurisdiction which his predecessor exercised under the French dominion, fave that an oath of fidelity, or a promise to do nothing contrary to his Britannic Majesty's service, may be required of him.
This article is comprised under the foregoing. Article XXXII. The communities of Nuns shall be preserved in their constitution and privileges. They shall continue to observe their rules. They shall be exempted from lodging any military ; and it shall be forbid to trouble them in their religious exercises, or to enter their monasteries: safeguards Thall even be given them, if they desire them.
Article XXXIII. The preceding article shall likewise be executed priests of Saint with regard to the communities of Jesuits and Recollets, and of the Sulpicius.
house of the priests of Saint Sulpice at Montreal. These last and the Jesuits shall preserve their right to nominate to certain curacies and miffions as heretofore.
Refused, till the King's pleasure be known.
Property of the
Article XXXIV. All the communities, and all the priests, Thall munities and preserve their moveables, the property and revenues of the the pricfts.
seigniories, and other estates which they possess in the colony, of what nature soever they may be. And the same estates shall be preserved in their privileges, rights, honours, and exemptions. Granted.
Article XXXV. If the canons, priests, missionaries, the priests Libetty to all of the ceremony of the foreign missions, and of Saint Sulpice, as monks to go to well as the Jesuits and the Recollets, chuse to go to France, paffage France ; shall be granted them in his Britannic Majesty's ships; and they and to sell their shall all have leave to sell, in whole, or in part, the estates and moveables which they possess in the colonies, either to the French or to the English, without the least hindrance or obstacle from the British government.
They may take with them, or send to France, the produce, of what nature foever it be, of the said goods sold, paying the freight, as mentioned in the 26th article. And such of the said priests who chuse to go this year Thall be victualled during the passage at the expence of his Britannic Majesty, and shall take with them their baggage.
They shall be masters to dispose of their estates and to send the
produce thereof, as well as their persons and all that belongs to
Article XXXVI. If by the treaty of peace Canada remains to his Britannic Majesty, all the French, Canadians, Accadians, merchants, and other persons who chuse to retire to France, shall have leave to do so from the English general, who shall procure them a passage.
And nevertheless, if, from this time to that decision, any French or Canadian merchants, or other persons, shall desire to go to France, they shall likewise have leave from the English general. Both the one and the other shall take with them their families, servants, and baggage.
Article XXXVII. The lords of manors, the military and civil Property of the officers, the Canadians, as well in the town as in the country, the
Canada French settled or trading in the whole extent of the colony of Canada, and all other persons whatsoever, shall preserve the intire peaceable property and possession of their goods, noble and ignoble, moveable and immoveable, merchandizes, furs, and other effects, even their ihips: they shall not be touched, nor the least damage done to them, on any pretence whatsoever. They shall have liberty to keep, let, or sell them, as well to the French as to the English, to take away the produce of them in bills of exchange, furs, specie, or other returns, whenever they shall judge proper to go to France,