There was a Colonel afterwards Brigadier-General Powell who is mentioned very frequently in letters, despatches, &c., of the Revolutionary times: he has sometimes been taken for the brother of William Dummer Powell, presumably his brother John. This is a mistake: he was Henry Watson Powell, an Englishman, and very distantly if at all related to our Powells he became a Lieutenant in the 46th Foot in 1753, Captain in the 11th in 1756-this regiment became the 64ththen he served with his Regiment in the West Indies in 1759, and came with it to America in 1768. In 1770, he became Major in the 38th, and the next year Lieutenant Colonel in the 53rd: in 1776 he was placed in command of the Second Brigade as Brigadier General. In 1777 he was in command of Ticonderoga after the American evacuation. When Burgoyne surrendered, he abandoned the post and went to Canada. He became Colonel in 1779 and the next year bought an estate in the suburbs of Quebec. Major General in 1782, Lieutenant General in 1796, General, 1801, he died in England, July 14, 1814. William Dummer Powell never mentions him in any of his voluminous manuscripts; he does not seem ever to have met him, and certainly did not seek his assistance or patronage-something he never hesitated to do when he had any shadow of a claim for them-it is impossible that they could have been related at all closely. See Lieutenant Digby's Journal, Munsell's Historical Series, No. 13, Albany, 1887 at pp. 196-199 notes and authorities there named.

NOTES: CHAPTER II

1. The Proclamation of 1763 contemplated a House of Assembly elected by the people as soon as the country should be thought fit for it; but that time did not arrive, and the Quebec Act put an end to the scheme for nearly a score of years and until the Canada Act or Constitutional Act of 1791, 31 Geo. c. 31 (Imp.). The Council was originally composed altogether of Protestants, almost altogether of English speaking Protestants, but after the Quebec Act, the French Canadian Roman Catholics had a fair representation. See my paper "Pre-Assembly Legislatures in British Canada", Trans. Roy. Soc. Can., 1918, Sec. II, pp. 109, sqq.

2. At this time Peter Livius who had replaced William Hey in 1777. 3. The Criminal Courts were constituted by the Ordinance of March 4, 1777, 17 Geo. III, c. 5.

4. The Civil Courts were constituted by the Ordinance of February 25, 1777, 17 Geo. III, c. 1.

5. These little known Courts are discussed in a Paper written by me for the Ontario Archives Department and published in its Report, 1918 a further note will be found post.

6. I have before me a photostat of the Proceedings in the Court of Chancery now in the Dominion Archives. The Court certainly sat from January 25, 1765 to April 1770, and the Records of Pleadings are extant until March, 1774; neither Cramahé nor Haldimand seems to have acted as Chancellor, Murray and Carleton did in a few cases. See my Papers "The First Court of Chancery in Canada", Boston University Law Review, October 1922 and January 1923. The Ordinance of February 25, 1777, 17 Geo. III, c. 2, continued by the Ordinance of January 16, 1779, 19 Geo. III, c. 1.

8. In England, the Barrister (first called "Counter") received a warrant for commission under the Great Seal for sometime after the Norman Conquest: it is not precisely known how and when the power passed to the Inns of Courts. The Attorney originally was also appointed under the Great Seal, but the Statute of Westminster II. (1285), 13 Edward 1, by c. 10, enabled everyone to make an Attorney for himself. Seven years afterwards, Parliament ordered the Justices of the Court of Common Pleas to provide a certain number of attorneys in each County to attend the Courts. In 1402, the Act, 4 Henry IV, c. 18, ordained that all attorneys should be examined by the Justices and only those who were "good and virtuous and of good Fame shall be received", since which time all lawyers have been, at least in theory, "good and virtuous and of good fame." In the absence of a Statute forbidding it the Crown could still grant a licence to practise law.

The Quebec legislation of 1785 came about through the abuse of the power to grant licences. M. Roy in his valuable and interesting brochure, "L'Ancien Barreau au Canada", tells the story, pp. 60, sqq. He

is, however, in error in supposing that it was Haldimand who gave the licence which so outraged the Bar at Quebec-Haldimand left the Province in November, 1784. In the autumn of 1784, Alexander Dumas of Three Rivers, a man advanced in years, a bankrupt merchant, and a notary whose conduct had not always been honourable presented a Petition to Haldimand for a Commission as Advocate. Henry Hamilton, the Lieutenant Governor, was called in to deal with the petition as Haldimand had gone to England. The Communauté des Avocats, founded at Quebec in 1779, being informed of the application and disapproving of the man as well as of increasing their numbers, on December 6, determined to protest to the Lieutenant Governor against a licence being granted to anyone who had not served five years in the study of the law or could not prove his capacity and good character. Haldimand had in November expressed his determination to separate the professions of advocate and notary public, the combining of which he considered the cause of most of the never ending litigation; but Hamilton did not follow out this project, at least in the case of Dumas -it may be that he did not know what Haldimand had decided. At all events, within two days of this resolution of protest, the Communauté learned that Dumas had received his Commission, December 8, 1784. Then other means were adopted. Before Dumas could present his Commission to the Court of Common Pleas for enregisterment, the Attorney General, James Monk, moved the Court having regard to the abuses existing in the admission of Advocates to make or authorize to be made rules to avoid such abuses for the future. Monk speaking in English was supported by M. Panet, the most eminent of French Canadian lawyers, speaking in French and by the whole body of advocates in Court "sur l' information des vie et moeurs du sieur Alexandre Dumas, aspirant à la profession d'advocat et des causes qui peuvent l'exclure. qu'ils étaient prêts à filer." The Court sent the protest to the Governor; he orally directed the registry of Dumas' Commission and, January, 1785, the Judges of the Court were forced to inform the indignant Advocates that they were obliged to obey His Honour and to admit Dumas as Advocate. The vigorous opposition of the profession including his own Attorney General, had its effect upon the Lieutenant Governor. Accordingly, April 30, 1785, the Ordinance, 25 Geo. III, c. 3, was passed, which divided the profession into Advocates, Barristers, Attorneys, &c., on the one hand and Notaries Public on the other-which division still exists in the Province of Quebec-and directed that thereafter, no one should be commissioned or licensed to practise as barrister, advocate, solicitor attorney or proctor at law unless he had served five years under Articles and passed a satisfactory examination in the presence of the Chief Justice of the Province or two or more Judges of the Court of Common Pleas-exception was made in the case of those who had been admitted to the Bar in other British countries.

9. The detestation of Frederick the Great for lawyers is well known; but his Code intended to get rid of them was not the shining success he had hoped for.

10. This was not the celebrated Guy Carleton, afterwards Lord Dorchester, but his brother, Colonel Thomas Carleton, Quarter Master General, afterwards the first Governor of New Brunswick from 1784 to 1786 with the title of Governor in Chief and with that of Lieutenant Governor, 1780 until October, 1803. He had been Colonel of the 25th