Section II, 1918 [109] Trans. R.S.C. 



Pre- Assembly Legislatures in British Canada. 

 By William Renwick Riddell LL.D., F. R.S.C. 

 CHAPTER I. 

 Before the First Council of 1764. 



(Read May Meeting, 1918) 



At the time of the Conquest of Canada in 1759-60, Britain had 

 had much experience with Colonies on this side of the Atlantic and had 

 a settled policy in their government. In Canada she derived little if 

 any assistance from the methods of France, and the period of French 

 rule may be neglected in the consideration of the history of Canadian 

 Parliaments (1). In the Articles of Capitulation at Montreal between 

 Amherst and Vaudreuil, Sept. 8, 1760, the free exercise of their religion 

 was assured to the Canadians (Art. XXVII) but the request that they 

 might not be called upon to bear arms against their former Sovereign 

 met the curt reply "They become Subjects of the King:" and the 

 request that they should continue to be governed according to the 

 custom of Paris and the laws and usages established for Canada met 

 the same fate. (Art. XLI, LXII) (2). 



Not being embarrassed by stipulations entered into with the 

 conquered people, the British Generals during the period of military 

 rule (which lasted till after the Definitive Treaty of Paris, February 

 10, 1763) governed Canada on the ordinary principles of military 

 rule (3). Nor did the Treaty of Paris change the situation: His Most 

 Christian Majesty King Louis XV ceded to King George III, Canada 

 with all its dependencies, in the most ample manner and form without 

 restriction; while King George agreed to grant the liberty of the 

 Catholic religion to the inhabitants of Canada (Art. V) : but there 

 was no provision as to law, government or language (4). 



The time had now come for civil government; Canada was not only 

 de facto but also de jure part of the British dominions. 



Before 1696, supervision over His Majesty's possessions beyond 

 the Seas had been exercised by the Privy Council or for a short time 

 during the reign of Charles I by a Commission: in 1675 a Committee 

 of the Privy Council had been entrusted with the control of trade and 

 foreign plantations — "the Lords of Ti-ade." In 1696, however, a 

 new body was formed — the "Board of Trade" — by com.mission under 

 the Privv Seal: some but not all of the members of the Board of 



