CHAPTER X.

THE CONSTITUTIONAL ACT OF 1791.

At the Conquest, whilst the Roman Catholic Church was wisely tolerated, and as a matter of fact left in possession of her property, excepting only the Jesuits and Recollets, it was distinctly understood in the Imperial Parliament that the Anglican Establishment was to be the National Church.

It

But various difficulties hindered the successful accomplishment of this scheme. One of the chief of these was the Quebec Act of 1774, which, by granting to the Roman Catholic Church the legal right to collect tithes, practically established that Church, and set up a very powerful rival in the Province. But even in that Act provision was made for the "encouragement of the Protestant religion, and for the maintenance and support of a Protestant clergy." The Government of the day knew but one Protestant religion and clergy, as is manifested by the instructions issued to the Governors. Thus the parishes of Quebec, Montreal, and Three Rivers had been established soon after the Conquest, and they were supported to the extent of £200 each, annually, whilst only an occasional grant of £50 was made to other Protestant bodies. was not until 1794 that the Presbyterian ministers at Montreal and Quebec were granted each an annual allowance of £50. On the 31st of December, 1793, Lord Dorchester recommended that "a discretionary power be given to allow the Dissenting ministers at Quebec and Montreal £50 a year each, so long as their conduct is such as becomes good and loyal subjects."* The Governor's request was granted, confined, however, to the Presbyterian ministers only. Had the Government used the word Protestant in the broad sense as subsequently interpreted, and had the various Protestant bodies so understood it in the early days, then equal support with the Church of England would have been demanded as a right, and the Church of Scotland would not have been content to receive

* Can. Archives, Series Q, Vol. 67, p. 67.

+ Do., p. 17.

the mere pittance allowed her, and to have this doled out to her as a dissenting body.

The United Empire Loyalists were instrumental in effecting a great change. In compliance with their repeated demands the Constitutional Act of 1791 was conceded. In truth, the religious clauses of this Act are little more than an enlargement of the provision for the Protestant Religion in the Quebec Act, only such important privileges were added as seemingly to justify the assertion that this Act virtually repealed the former. By this Act Rectories were to be established throughout the country on the same legal footing as the Rectories in England, excepting that in lieu of endowments and tithes, a special grant of one-seventh of all the unconceded lands in the Province was made for the support of the clergy, all of whom were under canonical obedience to the Lord Bishop of Nova Scotia.

The chief clauses of this Act, so far as it bears on the Church of England, are as follows:

XXXV. And whereas, by the above mentioned Act,* passed in the fourteenth year of the Reign of his present majesty, it was declared, that the Clergy of the Church of Rome, in the Province of Quebec, might hold, receive and enjoy their accustomed dues and rights, with respect to such persons only as should profess the said religion; provided nevertheless, that it should be lawful for his Majesty, his heirs or successors, to make such provision out of the rest of the said accustomed dues and rights, for the encouragement of the Protestant Religion, and for the maintenance and support of a Protestant Clergy within the said Province, as he or they should from time to time think necessary and expedient, and whereas by his Majesty's Royal instructions, given under his Majesty's royal sign manual on the 3rd day of January, in the year of Our Lord one thousand seven hundred and seventy-five, to Guy Carleton, Esqre., now Lord Dorchester, at that time his Majesty's Captain General and Governor-in-chief, in and over his Majesty's Province of Quebec, his Majesty was pleased, amongst other things, to direct, "That no incumbent professing the religion of the Church of Rome, appointed to any Parish in the said Province, should be entitled to receive any tithes for lands or possessions occupied by a Protestant, but that such tithes should be received by such persons as the said said Guy Carle

The Quebec Act of 1774.

ton, Esqre,... should appoint, and should be reserved in the hands of his Majesty's Receiver-General of the said Province, for the support of a Protestant Clergy in his Majesty's said Province, to be actually resident within the same, and not otherwise, according to such directions as the said Guy Carleton, Esqre, his Majesty's Captain General, etc... should receive from his Majesty in that behalf and that in like manner all growing rents and profits of a vacant benefice should, during such vacancy, be reserved for, and applied to, the like uses; And whereas his Majesty's pleasure has likewise been signified to the same effect in his Majesty's Royal Instructions, given in like manner to Sir Frederick Haldimand, Knight of the most honourable Order of the Bath, late his Majesty's Captain-General and Governor-inchief, in and over his Majesty's said Province of Quebec... etc., shall remain and continue to be in full force and effect in each of the said two Provinces of Upper Canada and Lower Canada, respectively, in so far as the said Declaration or Provisions respectively, or any part thereof, shall be expressly varied or repealed by any Act or Acts which may be passed by the Legislative Council and Assembly of the said Provinces respectively, and assented to by his Majesty, his heirs or successors, under the restrictions hereinafter provided.

XXXVI. And whereas his Majesty has been graciously pleased, by message to both Houses of Parliament, to express his Royal Desire to be enabled to make "a permanent appropriation of Lands "in the said Provinces, for the support and maintenance of a "Protestant Clergy within the same, in proportion to such lands as "have been already granted within the same by his Majesty "Therefore, for the purpose of more effectually fulfilling his Majesty's "gracious intention as aforesaid, and of providing for the due exe"cution of the same in all time to come, be it enacted by the "authority aforesaid, That it shall and may be lawful for his Majesty, "his heirs or successors, to authorise the Governor or Lieutenant of "each of the said Provinces respectively or the person administer"ing the government therein, to make from and out of the lands of "the Crown within such Province, such allotment and appropriation "of lands, for the support and maintenance of a Protestant Clergy "within the same, as may bear a due proportion to the amount of "such lands within the same as have at any time been granted by "or under the authority of his Majesty.........and it shall be, as 66 nearly as the same can be estimated at the time of making such

grant, equal in value to the seventh part of the lands so granted. .........And that whenever any grant of Lands within either of the "said Provinces shall hereafter be made by, or under the authority "of His Majesty (or his Successors, &c.), there shall, at the same "time, be made in respect of the same, a proportionable allotment "and appropriation of Lands (one seventh) for the above mentioned purpose, within the Township or Parish to which such Lands so "to be granted shall appertain, or be annexed, or as nearly adjacent "thereto as circumstances will admit; and that no such Grants "shall be valid or effectual, unless the same shall contain a specifi"cation of the Lands so allotted and appropriated, in respect of the "Lands to be thereby granted; and that such Lands so to be "appropriated, shall be as nearly as the nature of the case will per"mit, of like quality as the Lands in respect of which the same are so allotted, and shall be as nearly as the same can be estimated at "the time of making such Grant, equal in value to the seventh part "of the Lands so granted."

XXXVII. And be it further enacted by the Authority aforesaid, That all and every the rents, profits or emoluments, which may at any time arise from such lands so allotted and appropriated as aforesaid, shall be applicable solely to the maintenance and support of a Protestant clergy within the Province in which the same shall be situated, and to no other use or purpose whatever.

XXXVIII. .........That it should and might be lawful for His Majesty, his heirs or successors, to authorize the Governor or Lieutenant-Governor of each of the said Provinces respectively, or the person administering the Government therein from time to time with the advice of such Executive Council as should have been appointed by His Majesty, his heirs or successors, within such Province for the affairs thereof, to constitute and erect within every Township or Parish which then was or thereafter might be formed, constituted or erected within such Province one or more Parsonage or Rectory or Parsonages or Rectories according to the Establishment of the Church of England; and from time to time by an Instrument under the Great Seal of such Province to endow every such Parsonage or Rectory with so much or such part of the lands so allotted and appropriated as aforesaid in respect of any lands within such Township or Parish which should have been granted subsequent to the commencement of the said Act, or of such lands as might have been allotted and appropriated for the same purpose

by or in virtue of any instruction which might be given by His Majesty in respect of any lands granted by His Majesty before the commencement of the said Act, as such Governor, LieutenantGovernor, or person administering the Government should, with the advice of the said Executive Council, judge to be expedient under the then existing circumstances of such Township or Parish.

XXXIX. Limits the persons to be presented to such Parsonages or Rectories as follows :-"An Incumbent or Minister of the Church of England, who shall have been duly ordained according to the Rites of the said Church, such persons to hold and enjoy the same as fully and amply and in the same manner, and on the same terms and conditions, and liable to the performance of same duties, as an Incumbent of a Benefice or Cure in England."

XL. Renders these Clergy subject and liable to all rights of Institution, and all other spiritual and Ecclesiastical Authority of the Bishop of Nova Scotia, or such other Authority as may hereafter be lawfully granted by His Majesty, within the said Provinces, or either of them respectively, according to the Laws and Canons of the Church of England-which are legally established and received in England.

XLI. Provided always, and be it further enacted by the authority aforesaid, That the several provisions herein-before contained respecting the allotment and appropriation of lands for the support of a Protestant Clergy within the said Provinces, and also respecting the constituting, erecting and endowing parsonages or rectories within the said Provinces, and also respecting the presentation of Incumbents or ministers to the same, and also respecting the manner in which such incumbents or ministers shall hold and enjoy the same, and shall be subject to be varied or repealed by any express provisions for that purpose, contained in any Act or Acts which may be passed by the Legislative Councils and Assembly of the said Provinces respectively, and assented to by his Majesty, his heirs or successors, under the restriction hereinafter provided.

XLII. .........That it shall not be lawful for His Majesty, his heirs or successors, to signify his or their assent to any such Act or Acts, until thirty days after the same shall have been laid before the two Houses of the Imperial Parliament-or to assent to any such Act or Acts, in case either House of Parliament shall, within the said thirty days, address His Majesty, his heirs or successors, to withhold his or their assent. And no such Act shall be valid or