A history of Canada, 1763-1812Lucas, Charles Prestwood, Sir
History
A history of Canada, 1763-1812
Lucas, Charles Prestwood, Sir
Canada -- History -- 1763-1867
Furthermore, their annexation to Canada outwardly, at any rate,
strengthened at a critical time the one province in America where
the Crown still held undivided sway.
[Sidenote: Sections in the Act which dealt with the religious
question.]
The fifth, sixth, and seventh sections of the Act dealt with
religion. They provided for the free exercise of the Roman
Catholic faith by the members of that Church, subject to the
King’s supremacy as established by the Act passed in the reign of
Queen Elizabeth; but they substituted a simple oath of allegiance
for the oath required by Queen Elizabeth’s statute, and they
confirmed to the Roman Catholic clergy ‘their accustomed dues and
rights’. Protestants were expressly exempted from these payments;
but the Act provided that, from such dues as they would otherwise
have paid, provision might be made for the encouragement of the
Protestant religion and the maintenance of a Protestant clergy. In
other words, freedom of religion was guaranteed, the establishment
of the Roman Catholic Church was recognized by law, and the
principle of concurrent endowment was introduced.
[Sidenote: Other provisions of the Act.]
The eighth section of the Act restored Canadian law and custom in
civil matters, and confirmed existing rights to property, with the
exception of the property of the religious orders. The eleventh
section continued the law of England in criminal matters. The
twelfth, laying down that it was at present inexpedient to call an
Assembly, provided for a nominated Legislative Council, consisting
of not more than twenty-three and not less than seventeen members,
no religious test being imposed. The next section withheld from
the council the power of taxation, such additional taxes as were
deemed necessary being imposed by a separate Act of the Imperial
Parliament.[55]
[Sidenote: The Act embodied a compromise.]
[Sidenote: Opposition to it.]
[Sidenote: Inconsistency of the opponents.]
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