"can be established by the governor and council, agreeable to the laws of England.

"The French laws and customs to be allowed and admitted in "all causes in this court between the natives of the province, "where the cause of action arose before the first day of October one "thousand seven hundred and fixty-four.

"The first procefs in this court to be an attachment against "the body.

"An execution to go against the body, lands, or goods of the "defendant.

"Canadian advocates, proctors, &c. may practise in this court.

"And whereas it is thought highly neceffary for the eafe, con"venience, and happiness of all his Majefty's loving fubjects, that

juftices of the peace fhould be appointed for the respective "diftricts of this province, with power of determining property of "fmall value in a fummary way, it is therefore further ordained "and declared, by the authority aforefaid, and full power is hereby given and granted to any one of his Majefty's juftices of the peace, within their respective districts, to hear and finally deter"mine in all caufes or matters of property not exceeding the fum of "five pounds current money of Quebec; and to any two juftices of "the peace, within their respective diftricts, to hear and finally "determine in all caufes or matters of property not exceeding the "fum of ten pounds faid currency; which decifions being within, " and not exceeding the aforefaid limitation, shall not be liable to "an appeal; and also full power is, by the authority aforefaid, given and granted to any three of faid juftices of the peace to be " a quorum, with power of holding quarter feffions in their respective "diftricts every three months, and also to hear and determine all "caufes and matters of property which shall be above the fum of "ten pounds, and not exceeding thirty pounds current money of

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Quebec, with liberty of appeal to either party to the superior "court, or court of King's Bench. And it is hereby ordered, that "the aforefaid juftices of the peace do iffue their warrants directed "to the captains and other officers of the militia in this province, to be by them executed, until the provoft-marfhal, legally

"authorized

The ordinance of the 6th of

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"authorized by his Majefty, shall arrive, and other inferior officers "be appointed for that purpofe; all officers, civil and military, or other his Majesty's loving fubjects, are hereby commanded and required to be aiding and affifting to the faid juftices and officers "of militia in the due execution of their duty. And it is further "ordered and directed, by the authority aforefaid, that two of the "faid juftices of the peace do fit weekly in rotation, for the better "regulation of the police and other matters and things in the "towns of Quebec and Montreal, and that the names of the justices "who are to fit in each week be pofted up on the door of the "Seffion-house by the clerk of the peace, two days before their "refpective days of fitting, that all perfons may know to whom "to apply for redrefs."

Further, by another ordinance of your Majefty's governour and November1764. Council, dated the 6th day of November 1764, it is ordained, that until the 10th day of Auguft next, that is, of August 1765, the tenures of lands, with refpect to fuch grants as are prior to the ceffion of Canada to the Crown of Great Britain by the definitive treaty of peace of February 1763, and the rights of inheritance, as practifed before that period, in fuch lands, fhall remain to all intents and purposes the fame, unless they fhall be altered by fome declared and pofitive law. The words of this ordinance relating to this fubject are of the tenor following:

The words of

"Whereas it appears right and neceffary to quiet the minds of this ordinance. the people in regard to their poffeffions, and to remove every

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doubt

respecting the fame, which may any ways tend to excite and encourage vexatious law-fuits; and until a matter of fo ferious "and complicated a nature, fraught with many and great difficulties, "can be seriously confidered, and fuch measures therein taken as may appear the most likely to promote the welfare and profperity "of the province in general, his excellency, by and with the "advice and confent of his Majefty's council, doth hereby ordain "and declare that, until the 10th day of Auguft next, the tenures "of lands, in refpect to fuch grants as are prior to the ceffion "thereof by the definitive treaty of peace figned at Paris the 10th day of February one thousand seven hundred and fixty-three, "and the rights of inheritance, as practifed before that period, in

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fuch lands or effects, of any nature whatsoever, according to the "custom of this country, fhall remain to all intents and purposes

the

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"the fame, unless they fhall be altered by fome declared and pofitive law; for which purpose the present ordinance shall serve as a guide and direction in all fuch matters to every court of "record in this province. Provided that nothing in this ordinance " contained shall extend, or be conftrued to extend, to the prejudice "of the rights of the Crown, or to debar his Majefty, his heirs "or fucceffors, from obtaining by due course of law in any of his "courts of record in this province, according to the laws of "Great Britain, any lands or tenements, which at any time here"after may be found to be vefted in his Majefty, his heirs or "fucceffors, and in the poffeffion of any grantee or grantees, his, "her, or their affigns, or fuch as claim under them by virtue of 66 any fuch grants as aforefaid, or under pretence thereof, or which "hereafter may be found to have become forfeited to his Majesty "by breach of all or any of the conditions in such grants respectively " mentioned and contained."

ceflarily follow

ordinance in fa

laws of Eng

By this latter ordinance we conceive that all the lands in this Conclufion neprovince, whofe owners have died fince the 10th day of Auguft 1765, ing from this are meant to be subjected to the English law of inheritance, and to vour of the inthe English custom of dower, and to the English rules of forfeiture troduction of the to your Majefty for high treafon, or efcheat to your Majefty, or to land. fuch other lord of whom they are holden, for felony or defect of heirs, and to all the other rules of the English law relating to landproperty, even though the faid lands had been originally granted before the figning of the definitive treaty of peace; and that all lands granted fince the faid peace were already, at the time of making the faid ordinance, subject to the said English rules and customs, and were fo to continue.

By these two ordinances, which have been tranfmitted to your Majesty and never difallowed, and are therefore supposed to have received the fanction of your Majefty's royal approbation, the Canadian laws and cuftoms have been generally fuppofed to be abolished, and the English laws and cuftoms to have been introduced in their stead, and the judges of your Majefty's courts of judicature in this province have conceived themselves to be in confcience bound to administer juftice according to the laws of England.

ftruments which

Besides these two ordinances there are feveral other public inftruments Other public inand acts of government by which the laws of England are fuppofed have tended to

produce the to fame effect.

Acts of parlia

ment.

Stat. I. Eliz. cap. I.

to have been introduced into this province. Some of thefe inftruments are acts of parliament, which introduce thofe particular parts of the laws of England, to which they relate, into this province; and others of them are inftruments of a high and important nature, that bear the fanction of your Majefty's royal authority, by which it is generally understood to have been your royal pleasure to abolish the former laws and cuftoms of this province, and for the fake of governing your new Canadian fubjects in a milder and more indulgent manner than they had heretofore been used to, and affociating and connecting them with the greater part of your ancient and natural-born fubjects of Great Britain by the ftrong tie of an union and communion of laws, to introduce the laws of England in their ftead. These acts of parliament and other inftruments of government are as follows;

The acts of parliament that relate to this province are of two kinds; fome of them are prior to the conqueft of this province by your Majesty's arms in the year 1760, but extend to your Majesty's future American dominions, as well as thofe which belonged to the Crown of Great-Britain at the times of paffing them, either by exprefs words for that purpose, or by fome general words that have been deemed by your Majefty's minifters and law-officers, by just conftruction in law, to comprehend them; and others of the faid acts have been paffed by your Majesty's felf, by the advice and with the confent of your parliament, fince the conqueft and ceffion of this province by the last definitive treaty of peace.

The most ancient act of parliament of the first kind that we have met with is that of the 1ft of Queen Elizabeth, chap. 1, by which the pretended authority of the bifhop of Rome was abolished throughout all the dominions of the crown of England. The 16th fection of this ftatute is of the following tenor: "And to the "intent that all ufurped and foreign power and authority, fpiritual "and temporal, may forever be clearly extinguished, and never to "be used or obeyed within this realm, or any other your Majefty's "dominions or countries, may it please your Highness that it "may be further enacted, by the authority aforefaid, that no foreign "prince, perfon, prelate, ftate, or potentate, fpiritual or temporal, "fhall, at any time after the laft day of this feffion of parliament, "ufe, enjoy, or exercise any manner of power, jurifdiction, fuperiority, authority, pre-heminence, or privilege, fpiritual or

ecclefiaftical,

"ecclefiaftical, within this realm, or within any other your Majesty's dominions and countries that now be, or hereafter shall "be; but from thenceforth the fame fhall be clearly abolished out "of this realm and all other your Majesty's dominions for ever; any "statute, ordinance, custom, conftitutions, or any other matter or "cause whatsoever to the contrary in any wife notwithstanding."

By this fection of that ftatute, and the exprefs words, any other your Majefty's dominions and countries that now be, or hereafter shall be, we humbly apprehend that all exercife of the pope's authority, or of any ecclefiaftical authority derived from him, is prohibited in this province as much as it is in England itself.

The next fection of this act of parliament annexes all ecclesiastical jurisdiction to the crown of England.

The 19th fection requires all bishops and other ecclefiaftical perfons, and all ecclefiaftical officers and minifters, and all temporal judges, juftices, mayors, and other lay or temporal officers and minifters, and every other perfon having the Queen's fee or wages, within the realm of England, or any other her Highness's dominions, to take the oath of fupremacy.

The 24th section enacts, that every temporal perfon doing homage for his lands to the Queen, her heirs or fucceffors, or that fhall be received into the service of the Queen, her heirs or fucceffors, shall take the fame oath.

And the 27th fection enacts, that if any perfon of any degree whatsoever, dwelling within the realm of England, or in any other the Queen's realms or dominions, fhall by writing, teaching, or preaching, maintain or defend the authority, spiritual or ecclefiaftical, of any foreign prince, prelate, perfon, ftate, or potentate whatfoever, heretofore claimed, ufed, or ufurped within the realm of England, or any dominion or country being within or under the power, dominion, or obeyfance of the Queen's highness, he fhall forfeit all his goods and chattels for the first offence.

We fubmit it to your Majefty that this ftatute feems, from the whole complexion of it, as well as from the pofitive words, your Majefty's

B