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Show 212 TRAVELS TIIROUGII LOWER CANADA:· t.11 en CX·1ll1t.l· n • c 1· . and tlnt all controverfics relative to prope rty ~ 1 1 ana ,l , ' , . or U·V l·1 11· g 11 tS {!1 0 ll ld ·"•' lr1.1o be determine 1 by lhe f.unc b\'v'S ,uH.l n L1g(.;:;~ Tl H'1r c o lll 1a ws an d U1ru:,. gcs , l1 wever, were not to ext nd to the Ll nds which might thereafter be granted by his Dritann~c Majc~y in fr~c ;md contmon j~)cage: h ere Englilh laws were to be m full 1orcc; !o th a.t t! 1c -::; En~~1i1h inhabitants, \ ho hav · fettkd fo · the mofi part on new h nds, ::tre not CubjeCl: to the con troul of thdc old I• rcn ch laws, tha t. ~vue c \.iff 'g in 'anad:t when the country W;lS conquered, except a ddpute concerning property or civil rights ihould arifc between _any of them and the Fret ch inhabitants, in which cafe the matter 1 to be determined by the I• rench laws. E rery friend to civil liberty would wilh to f~.· e th "fc Jaws aboli!hecl, for they weigh very unequally in favour of the rich ~wd of the poor; but as long as the French inhabitants renuin fo wedded 3s they arc at prdcnt to old cuil:oms, and fo very ignor:mt, there is little hope of fce inf! any altcr.ltion of this nature take phc . At the [:;me time tlw.t th I• rcnch laws were fuffercd by the ucbec bill to exiil, in order to conciliate the affeCtions of the French inhJ bitant , who were arr-achcd to th m, th criminal law of England \Yas cilabli{he l throughout every part of the country; " and this was one of the " happicfi circumfiances," as the Abbe Raynal ob[erves, '' that C1nada. " could experience, as dclibcr tc, rational, public trial" took place f " the impenetrable myflerions tranf1Cl:ions of a cruel inquifition; and " as a tribunal, that had theretofore been dreadful and r~,nguinary, was " filled with humane judge , more di!pofcd to acknowledge .innocence " th:m to fu ppofc criminality." The governor, the lieutenant governor, or the perfon adminifiering; the oovernment, the members of the executive council, the chief b ju Cl.iccs of the province, and the judges of the court of king's bench, or any five of them, form a court of appeal, the judges however excepted uf that diflriCl from whence the appeal is made. From the dcciJion • I mu!l obfcrve here once for all that by Englifh inhabit:tnts I me:ln :lll thole whofc nati\'e langu:1gc is EngliOt, in contradiUinC\ion to the Canadi. ns of Ftcnch ex racrion, who uni vcrf. t' ly .pt .!k the Fien h language, and no other. of R E L I G I 0 N. of this court an appc::tl may b..: had in certain c,1fes to the King in council. Every religion i tolerated, in the fullefi extent of the word, in both provinces; and no diiquali t1 ca tions are impofed on any 1 c rfons on ac count of their religious opi11ions. The R oman C:1tholic religion is that of a great majority of the inhabitants; and by the ~cbc c bill of I774• the ccclcfiafl:ics of that 1 crfuallon arc empowered by law t recover all the dues which, previous to that period, they were accnfl:omcd to receive, a" well as tithes, tlut is, fi·om the Roman Catholic inhabitants; but they cannot exaCt any dues or tithes from Protdbnt~, or off hnds held by I rotefl:ant , although formerly fu h lands might have been fubjeet 'U to dues and tith..:s for the fupport of the Roman Catholic church. The dues and tithes from off thcfc land , are il:ill, however, to be paid; but they are to be p tid to 1)erfons appointed by the governor, and the amount of th em is to be refcrvcd, in the h:mds of his Majdl:y's receiver gen -raJ, for the fupf 01 t of the Protefl:ant clergy aCtually re!iding in the province. By the aCt .of the year 179 t, a] fo, it was ordained, that the governor ibould allot out of all lands belonging to the crown, which fhould be granted after that period, onc-fevcnth for the benefit of a Protcfiant clergy, to be folcly applicable to th eir ufc, ar d all fuch allotr11ents nwfl: be particularly i})eci!ietl in every g rant of W<tfre bnds, othcrwifc the grant i. void. With the advice of the executiv council, the governor is authoriz cl to confiitutc or ereCt 1 arfon ages or rcCl:o ri ·s, 1nd to en ow them out of thcfe appropriations, and to pre fen t lll (: unbcn ts to them, ordained ac::cor Eng to the rites of the church of l<..nglancl1 which inclllnbcnts are to perform the £·m1c duties, and to hold their parfonagcs or rcc'l.ories in the func manner as incumbents of the chnrch of England do in that country. The c1ergy of the church of England, in both provi1 ccs, confifis at prelent of twelve perfons only, includit g the bif top of (~cbcc ; that of the church of Rome, however, onlill:s of no lds tlun one hundred and twenty- fix i viz. a bifhop, who takes his title !l om ~cbcc, § his |