Puslapio vaizdai


The officers and soldiers, as well as of the land forces, as of the colony, and also the marine officers and seamen, who are in the colony, shall be likewise embarked for France, and sufficient and convenient vessels shall be appointed for them. The land and sea officers who shall be married, shall take with them their families, and all of them shall have liberty to embark their servants and baggage. As to the soldiers and seamen, those who are married shall take with them their wives and children, and all of them shall embark their haversacks and baggage; these vessels shall be properly and sufficiently victualled at the expense of His Britannic Majesty.—“Granted.”


The officers, soldiers and the followers of the troops, who shall have their baggage in the fields, may send for it before they depart, without any hindrance or molestation.—“Granted."


An hospital ship shall be provided by the British General, for such of the wounded and sick officers, soldiers and seamen as shall be in a condition to be carried to France, and shall likewise be victualled at the expense of His Britannic Majesty. It shall be the same with regard to the other wounded and sick officers, soldiers and sailors, as soon as they shall be recovered. They shall have liberty to carry with them their wives, children, servants and baggage; and the said soldiers and sailors shall not be solicited nor forced to enter into the service of His Britannic Majesty.— "Granted."


A Commissary and one of the King's Writers shall be left to take care of the hospitals, and whatever may relate to the service of his most Christian Majesty.-"Granted."


The British General shall also provide ships for carrying to France the officers of the supreme council, of justice, police, admiralty, and all other officers, having commissions 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 expense 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 Govern"ment of the country, they are to be delivered up to us."


If there are any military officers, whose affairs should require their presence in the colony till the next year, they shall have liberty to stay in it, after having obtained the permission of the Marquis de Vaudreuil for that purpose, and without being reputed prisoners of war.-"All those "whose private affairs shall require their stay in the country, and who shall "have the Marquis de Vaudreuil's leave for so doing, shall be allowed to "remain till their affairs are settled."


The commissary for the King's provisions shall be at liberty to stay in Canada till next year, in order to be enabled to answer the debts he has contracted in the colony, on account of what he has furnished; but, if he should prefer to go to France this year, he shall be obliged to leave, till next year, a person to transact his business. This private person shall preserve, and have liberty to carry off, all his papers, without being inspected. His clerks shall have leave to stay in the colony or go to France; and in this last case, a passage and subsistence shall be allowed them on board the ships of His Britannic Majesty, for them, their families, and their baggage.—“Granted.”


The provisions and other kind of stores, which shall be found in the magazines of the commissary, as well in the towns of Montreal, and of

the Three Rivers, 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 and English.-"Everything that is actually in the "magazines, destined for the use of the troops, is to be delivered to the "British commissary, for the King's forces."


A passage to France shall likewise be granted, on board of 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, servants 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 shall think proper till next year, to settle the affairs of the said company, and to recover such sums as are due to them. The said chief agent shall keep possession of all the papers belonging to the said company, and they shall not be liable to inspection.-"Granted."


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 licenses 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 British would pay it.-"Granted, with regard to what may "belong to the company, or to private persons; but if his most Christian "Majesty has any share in it, that must become the property of the King."


The free exercise of the Catholic, Apostolic, and Roman religion, shall subsist entire, in such manner that all the states and the people of the towns and countries, places and distant posts, shall continue to assemble in the churches, and to frequent the sacraments as heretofore, without being molested in any manner, directly or indirectly. These people shall be obliged, by the English Government, to pay their priests the tithes, and all the taxes they were used to pay 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 "pleasure."


The Chapter, Priests, Curates and Missionaries shall continue, with an entire liberty, their exercise and functions of cures, in the parishes of the towns and countries.-"Granted."


The Grand Vicars, named by the Chapter to administer to the diocese during the vacancy of the Episcopal See, 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 different parishes of the Diocese with the ordinary ceremonies, and exercise all the jurisdiction they exercised under the French Dominion. They shall enjoy the same rights in case of the death of the future Bishop, of which mention will be made in the following article. "Granted, except what regards the following article."


If by the treaty of peace, Canada should remain in the power of His Britannic Majesty, his most Christian Majesty shall 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.— "Refused."


The Bishop shall, in case of need, establish new parishes, and provide for the rebuilding of his Cathedral and his Episcopal palace; and, in the meantime, he shall have the liberty to dwell in the towns 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, save 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."


The communities of nuns shall be preserved in their constitutions and privileges; they shall continue to observe their rules, they shall be exempted from lodging any military, and it shall be forbid to molest them in their religious exercises, or to enter their monasteries: safe-guards shall even be given them, if they desire them.-"Granted."


The preceeding article shall likewise be executed, with regard to the communities of Jesuits and Recollects and of the house of the priests of St. Sulpice at Montreal; these last, and the Jesuits, shall preserve their right to nominate to certain curacies and missions, as heretofore.-"Refused "till the King's pleasure be known."


All the communities, and all the priests, shall preserve their moveables, the property and revenues of the Seignories and other estates, which they possess in the colony, of what nature soever they be; and the same estates shall be preserved in their privileges, rights, honours, and exemptions.-"Granted."


If the Canons, Priests, Missionaries, the Priests of the seminary of the foreign Missions, and of St. Sulpice, as well as the Jesuits, and the Recollects, chuse to go to France, a passage shall be granted them in His Britannic Majesty's ships, and they shall 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 soever it be, of the said goods sold, paying the freight as mentioned in the XXVIth article; and such of the said Priests, who chuse to go this year, shall be victualled during the passage, at the expense of His Britannic Majesty; and they 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 them, to France."


If by the treaty of peace, Canada remains to His Britannic Majesty, all the French, Canadians, Acadians, merchants and other persons who chuse to retire to France, shall have leave to do so from the British 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 British General. Both the one and the other shall take with them their families, servants, baggage.-"Granted."


The Lords of Manors, the Military and Civil officers, the Canadians as well in the towns as in the country, the French settled, or trading, in the whole extent of the colony of Canada, and all other persons whatsoever, shall preserve the entire peaceable property and possession of the goods, noble and ignoble, moveable and immoveable, merchandises, furs and other effects, even their ships; they shall not be touched, nor the least damage done to them, on any pretence whatever. They shall have liberty to keep, let or sell them, as well to the French as to the British; 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, paying their freight, as in the XXVIth article. They shall also have the furs which are in the posts above, and which belong to them, and may be on the way to Montreal; and, for this purpose, they shall have leave to send, this year, or the next, canoes

fitted out, to fetch such of the said furs as shall have remained in those posts. "Granted, as in the XXVIth article."


All the people who have left Acadia, and who shall be found in Canada, including the frontiers of Canada on the side of Acadia, shall have the same treatment as the Canadians, and shall enjoy the same privileges."The King is to dispose of his ancient subjects: in the meantime, they "shall enjoy the same privileges as the Canadians."


None of the Canadians, Acadians or French, who are now in Canada, and on the frontiers of the colony, on the side of Acadia, Detroit, Michillimaquinac, and other places and posts of the countries above, the married and unmarried soldiers, remaining in Canada, shall be carried or transported into the British colonies, or to Great Britain, and they shall not be troubled for having carried arms.-"Granted, except with regard to the "Acadians."


The savages or Indian allies of his most Christian Majesty, shall be maintained in the lands they inhabit, if they chuse to remain there; they shall not be molested on any pretence whatsoever, for having carried arms, and served his most Christian Majesty; they shall have, as well as the French, liberty of religion, and shall keep their missionaries. The actual Vicars General, and the Bishop, when the Episcopal See shall be filled, shall have leave to send to them new missionaries when they shall judge it necessary. "Granted, except the last article, which has been already re"fused."


The French, Canadians, and Acadians, of what state and condition soever, who shall remain in the colony, shall not be forced to take arms against his most Christian Majesty, or his Allies, directly or indirectly, on any occasion whatsoever; the British Government shall only require of them an exact neutrality.-"They become subjects of the King."


The French and Canadians shall continue to be governed according to the custom of Paris, and the laws and usages established for this country, and they shall not be subject to any other imposts than those which were established under the French Dominions.-"Answered by the preceding "articles, and particularly by the last."


The papers of the Government shall remain, without exception, in the power of the Marquis de Vaudreuil and shall go to France with him. These papers shall not be examined on any pretence whatsoever.—“Granted, "with the reserve already made."


The papers of the Intendancy, of the offices of Comptroller of the Marine, of the ancient and new treasurers of the King's magazines, of the offices of the revenues and forges of St. Maurice, shall remain in the power of M. Bigot, the Intendant; and they shall be embarked for France in the same vessel with him; these papers shall not be examined.-"The same as "in this article."


The Registers, and other papers of the Supreme Council of Quebec, of the Prévoté, and Admiralty of the said city; those of the Royal Jurisdictions of Trois Rivieres and of Montreal; those of the Seignorial Jurisdictions of the colony; the minutes of the Acts of the Notaries of the towns and of the countries; and in general, the acts, and other papers, that may serve to prove the estates and fortunes of the citizens, shall remain in the colony, in the rolls of the jurisdictions on which these papers depend. -"Granted."


The inhabitants and merchants shall enjoy all the privileges of trade, under the same favours and conditions granted to the subjects of His Britannic Majesty, as well as in the countries above, as the interior of the colony.-"Granted.”


The negroes and panis of both sexes shall remain, in their quality of slaves, in the possession of the French and Canadians to whom they belong; they shall be at liberty to keep them in their service in the colony, or to sell them; and they may also continue to bring them up in the Roman religion.—“Granted, except those who shall have been made prisoners."


The Marquis de Vaudreuil, the General and Staff Officers of the land forces, the Governors and Staff Officers of the different places of the colony, the Military and Civil Officers, and all other persons who shall leave the colony, or who are already absent, shall have leave to name and appoint attornies to act for them, and in their name in the administration of their effects, moveable and immoveable, until the peace; and, if, by the treaty between the two crowns, Canada does not return under the French dominions, these officers, or other persons, or attornies for them, shall have leave to sell their manors, houses, and other estates, their moveables and effects, etc., to carry away or send to France, the produce thereof, either in bills of exchange, specie, furs or other returns, as is mentioned in the XXVIIth Article.-"Granted."


The inhabitants and other persons, who shall have suffered any damage in their goods, moveable or immoveable, which remained at Quebec, under the faith of the capitulation of that city, may make their representations to the British Government, who shall render them due justice against the person to whom it shall belong.-"Granted."


The present capitulation shall be inviolably executed in all its articles, and bona fide, on both sides, notwithstanding any infraction, and any other pretence, with regard to the preceding capitulations, and without making use of reprisals.—"Granted."


The British General shall engage, in case any Indians remain after the surrender of this town, to prevent their coming into the towns, and that they do not, in any manner, insult the subjects of his most Christian Majesty. "Care shall be taken that the Indians do not insult any of the "subjects of his most Christian Majesty."


The troops and other subjects of his most Christian Majesty, who are to go to France, shall be embarked, at latest, fifteen days after the signing of the present capitulation.-"Answered by the XIth Article.”


The troops and other subjects of his most Christian Majesty, who are to go to France, shall remain lodged and encamped in the town of Montreal, and other posts which they now occupy, till they shall be embarked for their departure; passports, however, shall be granted to those who shall want them, for the different places of the colony to take care of their affairs.-"Granted."


All the officers and soldiers of the troops in the service of France, who are prisoners in New England: and who were taken in Canada, shall be sent back, as soon as possible, to France, where their ransom or exchange shall be treated of, agreeable to the cartel; and if any of these officers have affairs in Canada, they shall have leave to come there-"Granted"

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