from the funds of the "Society for Propagating the Gospel in Foreign Parts:" and in answer to an application for the appropriation of £600 a-year, (the proceeds of sales of some of the "rest of the dues,"― called "Clergy reserves, ") for the increase of our Establishment in the Lower Province, a distinct negative was returned.

About the period of passing this act of 1774, the revolt of the present United States of America was commenced; and in 1776 their independence of the parent State was boldly declared. A painful struggle ensued; during which the Mother Country was too seriously occupied in her endeavours to quell the insurrection, to give any attention to the ecclesiastical condition of the newlyacquired Province of Quebec. So disastrous to British power and influence was the contest, that in 1783 New York was evacuated. The devoted adherents to the monarchy, preferring its institutions, although this preference must be attended with the loss of earthly possessions, to the republican form of government, sought a refuge in the regions now forming the Province of Upper Canada. It is not invidiously remarked, that the great majority of those who thus sacrificed all to their loyalty, were Churchmen. The only boon they asked, (and this is a matter of history,) was, that in the wilderness, in which they were about to seek a refuge, they might have the institutions in Church and State, for which they had so long and so nobly contended, secured to them and to their children. A promise was given to this effect:-how that promise has been fulfilled, remains to be shewn. In the year 1791, His Majesty George the Third, sent a message to the Parliament, intimating his intention to divide the Province of Quebec, and expressing his wish that a good and sufficient. provision might be made by a legislative enactment for the support of a Protestant Clergy. The Parliament immediately entered on the consideration of the message, and the act (31 Geo. III., c. 31,) called the Constitutional Act of the Canadas, was the result. We shall give below all the sections of this act which relate in anywise to the Church, and we bespeak the most serious attention of the reader to them. The Church regards its provisions as the security for her Establishment, protection, enlargement, and support; and yet, simple as it

is thought the provisions are, there are not wanting those who would so interpret them, as to deprive the Church, if expedient, of any right at all; and certainly, of any exclusive right to the lands which are thus reserved for the support of a Protestant Clergy. Clauses of the British Statute 31 Geo. III., c. 31, which relate to the maintenance and support of a Protestant Clergy.

35. 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 third day of January, in the year of our Lord one thousand seven hundred and seventy-five, to Guy Carleton, Esquire, now Lord Dorchester, at that time his Majesty's Captain-General and Governor-inChief in and over his Majesty's Province of Quebec, his Majesty was pleased, amongst other things, to direct, "That no incumbent professing the said 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 Guy Carleton, Esquire, his Majesty's Captain-General and Governor-in-Chief in and over his Majesty's said Province of Quebec, 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, Esquire, his Majesty's Captain-General and Governor-in-Chief in and over his Majesty's said Province, 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 CaptainGeneral and Governor-in-Chief in and over his Majesty's said Province of Quebec; and also in his Majesty's royal instructions given in like manner to the said Right Hon. Guy Lord Dorchester, now His Majesty's Captain-General, and Governor-in-Chief in and over His Majesty's said Province of Quebec.-Be it enacted by the authority aforesaid, that the said declaration and provision contained in the said above mentioned act, and also the said provision so made by his Majesty in consequence

thereof, by his instructions before recited, shall remain and continue to be of full force and effect in each of the said two Provinces of Upper Canada and Lower Canada respectively, except 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 restriction hereinafter provided.

36. 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: And whereas his Majesty has been graciously pleased, by his said message, further to signify his royal desire that such provision may be made, with respect to all future grants of land within the said provinces respectively, as may best conduce to the due and sufficient support and maintenance of a Protestant Clergy within the said Provinces, in proportion to such increase as may happen in the population and cultivation thereof: therefore, for the purpose of more effectually fulfilling his Majesty's gracious intentions, as aforesaid, and of providing for the due execution 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-Governor of each of the said Provinces respectively, or the person administering the Government therein, to make, from and out of the lands of the Crown within such Provinces, 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 that whenever any grant of lands within either of the said Provinces shall hereafter be made, by or under the authority of his Majesty, his heirs or successors, there shall at the same time be made, in respect of the same, a proportionable allotment and appropriation of lands 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 specification of the lands so allotted and appropriated, in respect of the lands to be thereby granted; and that such lands, se allotted and appropriated, shall be, as nearly as the circumstances and nature of the case will admit, of the like quality as the lands in respect of which the same are so allotted and appropriated, 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.

37. 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.

38. And be it further 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-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 shall 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 now is or hereafter may 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 a part of the lands so allotted and appropriated as aforesaid, in respect of any lands within such township or parish which shall have been granted subsequent to the commencement of this act, or of such lands as may have been allotted and appropriated for the same purpose, by or in virtue of any instruction which may be given by his Majesty in respect of any lands granted by his Majesty before the commencement of this act, such Governor, Lieutenant-Governor, or person administering the Government, shall, with the advice of the said Executive Council, judge to be expedient under the then existing circumstances of such township or parish.

39. And be it further enacted by the authority aforesaid, That it shall and may be lawful for his Majesty, his heirs or successors, to authorise the Governor, Lieutenant-Governor, or person administering the Government of each of the said Provinces respectively, to present to every such parsonage or rectory, an Incumbent or Minister of the Church of England, who shall have been duly ordained according to the rites of the said Church, and to supply from time to time such vacancies as may happen therein; and that every person so presented to any such parsonage or rectory, shall hold or enjoy the same, and all rights, profits and emoluments thereunto belonging or granted, as fully and amply, and in the same manner, and on the same terms and conditions, and liable to the performance of the same duties, as the Incumbent of a parsonage or rectory in England.

40. Provided always, and be it further enacted by the authority aforesaid, That every such presentation of an incumbent or Minister to any such parsonage or rectory, and also the enjoyment of any such parsonage or rectory, and of the rights, profits and emoluments thereof, by any such Incumbent or Minister, shall be subject and liable to all rights of institution, and all other spiritual and ecclesiastical jurisdiction and authority, which have been lawfully granted by his Majesty's royal letters patent to the Bishop of Nova Scotia, or which may hereafter, by his Majesty's royal authority, be lawfully granted or appointed to

be administered and executed within the said Provinces, or either of them respectively, by the said Bishop of Nova Scotia, or by any other person or persons, according to the laws and canons of the Church of England, which are lawfully made and received in England.

41. Provided always, and be it further enacted by the authority aforesaid, That the several provisions hereinbefore 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, 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 Council and Assembly of the said Provinces respectively, and assented to by his Majesty, his heirs or successors, under the restriction hereinafter provided.

42. Provided nevertheless, and be it further enacted by the authority aforesaid, That whenever any act or acts shall be passed by the Legislative Council and Assembly of either of the said Provinces, containing any provisions to vary or repeal the above recited declaration and provisions contained in the said act passed in the fourteenth year of the reign of his present Majesty; or to vary or repeal the above recited provision contained in his Majesty's royal instructions, given on the third day of January, in the year of our Lord one thousand seven hundred and seventy-five, to the said Guy Carleton, Esquire, now Lord Dorchester; or to vary or repeal the provisions hereinbefore contained for continuing the force and effect of the said declaration and provisions; or to vary or repeal any of the several provisions hereinbefore contained respecting the allotment and appropriation of lands for the support of a Protestant Clergy within the said Provinces; or respecting the constituting, erecting, or endowing, parsonages or rectories within the said Provinces; or respecting the presentation of Incumbents or Ministers to the same; or respecting the manner in which such Incumbents or Ministers shall hold and enjoy the same; and also that whenever any act or acts shall be so passed, containing any provisions which shall in any manner relate to or affect the enjoyment or exercise of any religious form or mode of worship; or shall impose or create any penalties, burdens, disabilities, or disqualifications, in respect of the same; or shall in any manner relate to or affect the payment, recovery, or enjoyment, of any of the accustomed dues or rights herein before mentioned; or shall in any manner relate to the granting, imposing, or recovering any other dues, or stipends, or emoluments whatever, to be paid to or for the use of any Minister, Priest, Ecclesiastic, or Teacher, according to any religious form or mode of worship, in respect of his said office or function; or shall in any manner relate to or affect the Establishment or Discipline of the Church of England, amongst the Ministers and members thereof within the said Provinces; or shall in any manner relate to or affect the King's Prerogative touching the granting of waste lands of the