afterward to Trois Rivieres and Montreal. The loss of the English, both of killed and wounded, was less than six hundred men.

General Townshend proceeded to fortify his camp, and to make the necessary preparations for the siege of Quebec; but, five days after the victory, the city surrendered to the English fleet and army. By the articles of capitulation, the inhabitants were, during the war, to be protected in the free exercise of their religion; and their future destination was left to be decided at a general peace. The capital of New France, thus reduced under the dominion of Great Britain, was garrisoned by about five thousand men under the command of general Murray; and the British fleet sailed out of the St. Lawrence. Quebec contained, at the time of its capitulation, about ten thousand souls.

6

The prisoners were embarked in transports, the day after the capitulation, for France. General James Wolfe, who expired in the arms of victory, was only thirty three years of age. He possessed those military talents, which, with the advantage of years and opportunity of action, to moderate his ardour, expand his faculties, and give to his intuitive perception and scientific knowledge the correctness of judgment perfected by experience,' would have 'placed him on a level with the most celebrated generals of any age or nation.' After he had received his mortal wound, it was with reluctance that he suffered himself to be conveyed into the rear. Leaning on the shoulder of a lieutenant, who kneeled down to support him, he was seized with the agonies of death; but, hearing the words 'they run,' he exclaimed, • Who run?' The French,' replied his supporter. 'Then I die happy,' said the general, and expired. A death more glorious, says Belsham, is no where to be found in the annals of history. Montcalm was every way worthy to be a competitor of Wolfe. He had the truest military genius of any officer, whom the French had ever employed in America. After he had received his mortal wound, he was carried into the city; and when informed, that it was mortal, his reply was, 'I am glad of it.' On being told, that he could survive but a few hours, So much the better,' he replied, 'I shall not then live to see the surrender of Quebec.""

COLONIAL ANTIQUITIES.

Foundation of the government of Plymouth Colony.—The Plymouth settlers on their arrival at Cape Cod, not finding themselves within their patent, concluded it necessary to establish a government for themselves. They accordingly formed themselves into a body politic by a solemn contract' of which the following is a copy, with the name of the signers.

In the name of God, Amen We whose names are under written, the loyal sub. jects of our dread sovereign Lord King James, by the grace of God, of Great Brit ain, France and Ireland, king, defender of the faith, &c., having undertaken, for the glory of God and advancement of the christian faith and honor of our king and country, a voyage to plant the first colony in the northern parts of Virginia, do by these presents, solemnly and mutually, in the presence of God and of one another, covenant and combine ourselves together into a civil body politic, for our better ordering and preservation, and furtherance of the ends aforesaid; and by virtue hereof do enact, constitute, and frame such just and equal laws and ordinances, acts, constitutions, and offices, from time to time, as shall be thought most meet and convenient for the general good of the colony, unto which we promise all due subjection and obedience. In witness whereof we have hereunto subscribed our names, at Cape Cod, the 11th day of November, in the year of the reign of our sovereign Lord King James of England, France and Ireland, the eighteenth, and of Scotland the fiftyfourth, Anno Domini 1620."

This compact was subscribed in the following order by

Extracts from the early Records of Plymouth Colony.-" January 1627-It was now enacted by public consent of the freemen of this society of New Plymouth, that if now or hereafter any were elected to the office of Governor, and would not stand to the election, nor hold and execute the office for his year, that then he be amerced in twenty pounds sterling fine; and in case refused to be paid upon the lawful demand of the ensuing Governor, then to be levied out of the goods or chattles of the said person so refusing.

It was further ordered and decreed that if any were elected to the office of councell and refused to hold the place, that then he be amerced in ten pounds sterling fine, and in case refused to be paid to be forthwith levied.

It was further decreed and enacted that in case one and the same person should be elected governor a second year, having held the place the foregoing year it should be lawful for him to refuse without any amercement. And the company to proceed to a new election except they can prevail with him by entreaty.

July 1, 1633. That the person in whose house any were found, or suffered to drincke drunck, be left to the arbitrary fine and punishment of the Governor and Councell according to the nature and circumstances of the same.

That none be suffered to retale wine or strong water, or suffer the same to be druncke in their houses, except it be at some inne or vict

ualling house, and there only to strangers at their first coming, not exceeding the value of two pence a person; and that no beer be sold in any such place to exceed two pence the Winchester quart."

"1636. That none be allowed to be house keepers or build any cottages till such time as they be allowed and approved by the governor and councill.

That none be allowed to marry, that are under the covert of parents, but by their consent and approbacion. But in case consent cannot be had, then it shall be with the consent of the Governor or some assistant to whom the persons are known, whose care it shall be to see the marriage be fitt before it be allowed by him. And after approbation be three severall times published before the solemnising of it. Or else in places where there is no such meetings, that contracts or agreements of marriage may be published, that then it shall be lawful to publish them by a writing thereof made and set upon the usual publicke place for the space of fifteen days, provided that the writing be under some majestrats hand or by his order."

"1638. Whereas divers persons unfit for marriage, both in regard of their yeong yeares, as also in regard of their weake estate, some practiseing the inveagleing of men's daughters and maids under gardians, contrary to their parents and gardians likeing, and of mayde servants, without leave and likeing of their masters: It is therefore enacted by the Court, that if any shall make any motion of marriage to any man's daughter or mayde servant, not having first obtained leave and consent of the parents or master so to doe, shall be punished either by fine or corporall punishment, or both, at the discretions of the bench, and according to the nature of the offence.

It is also enacted, that if a motion of marriage be duly made to the master, and through any sinister end or covetous desire, he will not consent thereunto, then the cause to be made known unto the magistrates, and they to set down such order therein as upon examination of the case shall appear to be most equall on both sides.

It is enacted by the court that according to the former acts of this court concerning labourers wages, that a labourer shall have 12d a day and his dyett, or 18d a day without dyett, and not above throught the Govern't."

"1640. That if any persons take tobacco whilst they are empannelled upon a jurie, to forfeit five shillings for every default, except they have given up their verdict, or are not to give yt until the next day or dep't, the court by consent.

1641. It is enacted that every township within this government, do carry a competent number of peeces fixed and compleate with powder, shott, and swords, every Lord's day, to the meetings-one of a house from the first of September to the middle of November, except their be some just and lawfull impedyment.

1642. That all Smyths within the government be compelled to amend and repaire all defective armes, brought unto them, speedily, and to take corn for their pay at reasonable rates; and the Smyth refusing, to answer it at his p'll.

It is enacted by the court, that all milners within this Govern't shall provide and keepe weights and scales in their millnes to weigh mens corne withall."

“1646.—It is enacted by the court, that none do keepe victualling or an ordinary or draw Wyne by retayle, within this Government, but such as are allowed by the generall court, and that if any victualler or ordinary keeper do either drink drunck himself, or suffer any person to be druncken in his house, they shall pay five shillings a peece, and if the victualler or ordinary keeper do suffer any townsmen to stay drinking in his house above an hour at one tyme, the victualler or ordinary keeper shall pay for every such default XIId and by drunckennesse is understood, a person that either lisp or faulters in his speech by reason of much drink, or that staggers in his going, or that vomitts by reason of excessive drinking, or cannot follow his calling. The person or persons that shall be found guilty in these or any of them, shall for the first default pay five shillings, and for the second default tenn shillings to the colonies use, and for the third tyme he shall be found faulty, to be bound to the good behaviour. And if he or they cannot or will not pay the fine or fines, then to be sett in the stocks, &c.

Whereas there is great abuse in taking of tobacco in very uncivil manner in the streets and dangerously in outhouses, as Barnes, stalls about haystacks, corne stacks and other such places, it is therefore enacted by this courte, that if any person or persons shall be founde or seene hereafter taking Tobacco publickly in the open streets of any Towne, (unless it be soldiers in time of their trayninge) or in and about Barnes, Stoules, hay stacks, corne stacks, hay yeards, or other such places or outhouses, that every such person or person so offendinge, shall forfeit and pay to the Townes use, for the first default XIId, for the second IIs, and soe for every such default afterwards IIs, and it shall be lawful and by this act warrantable for the constable of every township, without further warrant, upon sight or infor mation thereof, to distrane his or their goods for it as doe refuse to pay it upon his demand, and to be accomptable to the treasurer of what he receives yearly at the Eleccon Corte."

"1657.-It is ordered by the court, that in case any shall bring in any Quaker, Rantor or other notorious heritiques, either by land or water into any p'te of this government, shall forthwith upon order from any one magistrate, returne them to the place from whence they came, or clear the gov'ment of them on the penaltie of paying a fine of twenty shillynges for every weeke that they shall stay in the Government after warninge."

"1662.-The court proposeth it as a thing they judge would be very commendable and beneficiall to the townes where God's providence shall cast any whales, if they should agree to sett apart some p'te of every such fish or oyle for the incouragement of an able and godly minister amongst them.

1665. Whereas complaint is made unto the court of great abuse in sundry townes of this jurisdiction, by p'sons their behaving them

selves, prophanely, by being without dores att the meeting house on the Lord's daies, in time of exercise, and there misdemeaning themselves by jesting, sleeping, or the like; it is enacted by the court, and hereby ordered, that the constables of each township of this jurisdiction, shall in their respective townes, take speciall notice of such p'sons and to admonish them, and if notwithstanding they shall p'sist on in such practices, thatt hee shall sett them in the stockes, and in case this will not reclaim them, that they returne theire names to the court.

1669. It is enacted by the court, that all such lycenced ordinaries shall not suffer prophane singing, daunceing, or revelling in theire houses, on the penaltie of ten shillings for every default, and that all ordinary keepers be ordered to keep good beer in their houses to sell by retaile, and that some one in every towne bee appointed to see that the beer they sell be suitable to the prise they sell it for.

Whereas great inconvenience hath arisen by single p'sons in this collonie being for themselves, and not betaking themselves to live in well governed families, it is enacted by the court, that henceforth noe single p'sons be suffered to live of himself or in any family, but as the Celect men of the towne shall approve of, and if any p❜son or p'sons shall refuse or neglect to attend such order as shall be given them by the Celect men, that such p'son or p'sons shall be summoned to the court to be proceeded with as the matter shall require."

"It is ordered, that whosoever of the Freemen, do not appear at Election in person or by proxy, he shall be for such neglect, amerced to the treasury ten shillings.

If any Freeman of this corporation shall be discovered to be notoriously vitious or scandalous, as common lyars, Drunkards, Swearers, Apostates from the fundamentals of Religion or the like, or doth manifestly appear to be disaffected to this government, upon legal conviction of all or any of these, it shall be in the power of the general court to disfranchise him if they see cause, from the priviledge of a Freeman."

"It is ordered, that whosoever is Licenced to keep a public house of entertainment, shall be well provided of Bedding to entertain strangers and travellers, and shall also have convenient pasturing for Horses, and hay and provinder for their entertainment in the Winter, and shall not be without good beer; and if any ordinary keeper do frequently fail in any or all of these, upon complaint, he shall lose his License.

It is further enacted, that no in-keeper or ordinary in this government, shall sell Beer for more than two pence the ale quart, upon penalty of three shillings and four pence for every such offence; nor shall any Vintner or Tavern, gain more than eight pence upon the quart in any Wine or strong Waters that they retail, more than it cost them by the butte or caske as they bought it, on penalty of twenty shillings forfeiture for such offence duly proved.

And it is further enacted, that no single person, labourer or other, shall be dieted in any Inne or Ordinary in the town to which he belongeth.