NUMBER VI.

ARTICLES of CAPITULATION granted by Sir GEOFFRY AMHERST to the CANADIANS,

UPON THE

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 prefent conftitution of the province.]

Article IV.

THE

HE militia, after being come out of the above towns, forts, and pofts, fhall return to their homes, without being molefted, on any pretence whatsoever, on account of their having carried arms.

Granted.

Article VII. The magazines, the artillery, firelocks, fabres, ammunition of war, and in general every thing that belongs to his most Christian Majefty, as well in the towns of Montreal and Trois Rivieres, as in the forts and pofts mentioned in the third article, shall be delivered up, according to exact inventories, to the commiffioners who fhall be appointed to receive the fame in the name of his Britannic Majefty. Duplicates of the said inventories fhall be given to the Marquis de Vaudreuil.

This is every thing that can be asked on this article.

Article XII. The moft convenient method that can be found shall be appointed to carry the Marquis de Vaudreuil, by the straitest paffage, to the first fea-port in France. The neceffary accommodations fhall be made for him, the Marquis de Vaudreuil, M. de Rigaud, governor of Montreal, and the fuite of this general. This veffel fhall be properly victualled at the expence of his Britannic Majefty; and the Marquis de Vaudreuil fhall take with him his

Eaft-India company.

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 fhall also provide hips for carrying to France the officers of the fupreme council, of justice, police, admiralty, and all other officers having commiflions or brevets from his moft Chriftian Majefty, for them, their families, fervants, and equipages, as well as for the other officers; and they fhall likewise be victualled at the expence of his Britannic Majefty. They shall, however, be at liberty to stay in the colony, if they think proper, to fettle 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 fhall be found in the magazines of the commiffary, as well in the town of Montreal and of Trois Rivieres as in the country, fhall be preferved to him, the faid provifions belonging to him, and not to the King, and he shall be at liberty to fell them to the French or English.

Every thing that is actually in the magazines, deftined for the ufe of the troops, is to be delivered to the English commiffary for the King's forces.

Article XXV. A paffage to France fhall likewise be granted on board his Britannic Majefty's fhips, as well as victuals, to fuch officers of the India Company as fhall be willing to go thither, and they shall take with them their families, fervants, and baggage. The chief agent of the faid company, in cafe he should chufe to go to France, fhall be allowed to leave fuch perfon as he thall think proper, till next year, to settle the affairs of the faid company, and to recover fuch fums as are due to them, The faid chief agent shall keep poffeffion of all the papers belonging to the faid company, and they shall not be liable to infpection.

Granted.

Article

Article XXVI. The faid company fhall be maintained in the property of the ecarlatines and caftors, which they may have in the town of Montreal; they fhall not be touched under any pretence whatever, and the neceflary facilities fhall be given to the chief agent to fend this year his caftors to France on board his Britannic Majefty's fhips, paying the freight on the fame footing as the English would pay it.

Granted, with regard to what may belong to the company, or to
private perfons; but if his moft Chriftian Majefty has any share
in it, that must become the property of the King.

tholic religion.

Article XXVII. The free exercise of the Catholick, Apoftolick, Free exercise of and Roman religion, fhall fubfift intire, in fuch manner that all the Roman Cathe states and people of the towns and countries, places, and distant pofts, fhall continue to affemble in the churches, and to frequent the facraments as heretofore, without being molested in any manner directly or indirectly.

tithes and other

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-dues. under the government of his most Christian Majesty.

Granted, as to the free exercife of their religion. The obligation

of paying the tithes to the priests will depend on the King's
pleafure.

Article XXVIII. The chapter, priests, curates, and miffionaries shall continue with an intire liberty their exercise and functions of their cures in the parishes of the towns and countries.

Granted.

Article XXIX. The grand vicars, named by the chapter to administer to the diocefe during the vacancy of the epifcopal fee, shall have liberty to dwell in the towns or country parishes, as they hall think proper. They fhall at all times be free to vifit the Power of the different parishes of the diocefe, with the ordinary ceremonies, and grand vicars fo exercise all the jurifdiction they exercised under the French aftical jurifdicdominion. They fhall enjoy the fame rights in cafe of death of the future bishop, of which mention will be made in the following article.

Granted, except what regards the following article.

exercife ecclefi

diction.

Article

Nomination of

the future

bishops.

Their power.

Communities of
Nuns.

Jefuits, Recollet

Monks, and

Article XXX. If by the treaty of peace Canada fhould remain in the power of his Britannic Majefty, his moft Chriftian Majesty fhall continue to name the bishop of the colony, who fhall always be of the Roman communion, and under whose authority the people shall exercise the Roman religion.

Refufed.

Article XXXI. The bishop fhall, in cafe of need, establish new parishes, and provide for the re-building of his cathedral and his epifcopal palace; and, in the mean time, he fhall have the liberty to dwell in the town or parishes, as he fhall judge proper. He fhall be at liberty to vifit his diocefe with the ordinary ceremonies, and exercise all the jurifdiction which his predeceffor exercised under the French dominion, fave that an oath of fidelity, or a promise to do nothing contrary to his Britannic Majefty's fervice, may be required of him.

This article is comprised under the foregoing.

Article XXXII. The communities of Nuns fhall be preserved in their constitution and privileges. They fhall continue to observe their rules. They fhall be exempted from lodging any military; and it fhall be forbid to trouble them in their religious exercifes, or to enter their monafteries: fafeguards fhall even be given them, if they defire them.

Granted.

Article XXXIII. The preceding article shall likewise be executed priefts of Saint with regard to the communities of Jefuits and Recollets, and of the Sulpicius. houfe of the priests of Saint Sulpice at Montreal. These last and the Jefuits fhall preferve their right to nominate to certain curacies and miffions as heretofore.

Property of the

religious com

the priests.

Refufed, till the King's pleasure be known.

Article XXXIV. All the communities, and all the priests, shall munities and preferve their moveables, the property and revenues of the feigniories, and other eftates which they poffefs in the colony, of what nature foever they may be. And the fame eftates fhall be preserved in their privileges, rights, honours, and exemptions.

Granted.

Article

the priests and

Article XXXV. If the canons, priefts, miffionaries, the priests Libetty to all of the ceremony of the foreign miffions, and of Saint Sulpice, as monks to go to well as the Jefuits and the Recollets, chufe to go to France, paffage shall be granted them in his Britannic Majefty's fhips; and they and to fell their fhall all have leave to fell, in whole, or in part, the eftates and moveables which they poffefs in the colonies, either to the French or to the English, without the least hindrance or obftacle from the British government.

They may take with them, or fend to France, the produce, of what nature foever it be, of the faid goods fold, paying the freight, as mentioned in the 26th article. And fuch of the faid priests who chufe to go this year fhall be victualled during the paffage at the expence of his Britannic Majefty, and shall take with them their baggage.

They shall be mafters to difpofe of their eftates and to fend the
produce thereof, as well as their perfons and all that belongs to
them, to France.

Article XXXVI. If by the treaty of peace Canada remains to his Britannic Majefty, all the French, Canadians, Accadians, merchants, and other perfons who chufe to retire to France, fhall have leave to do fo from the English general, who fhall procure them a paffage. And nevertheless, if, from this time to that decifion, any French or Canadian merchants, or other perfons, fhall defire to go to France, they fhall likewife have leave from the English general. Both the one and the other fhall take with them their families, fervants, and baggage.

Granted.

eftates.

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 laiety of Canada. French fettled or trading in the whole extent of the colony of Canada, and all other perfons whatfoever, fhall preferve the intire peaceable property and poffeffion of their goods, noble and ignoble, moveable and immoveable, merchandizes, furs, and other effects, even their fhips: they shall not be touched, nor the leaft damage done to them, on any pretence whatfoever. They fhall have liberty to keep, let, or fell them, as well to the French as to the English, to take away the produce of them in bills of exchange, furs, fpecie, or other returns, whenever they shall judge proper to go to France,

paying