A Historical Geography of the British Colonies, Vol. V: Canada—Part I, HistoricalLucas, Charles Prestwood, Sir
History
A Historical Geography of the British Colonies, Vol. V: Canada—Part I, Historical
Lucas, Charles Prestwood, Sir
Canada -- History -- To 1763 (New France)
We may take it then that, in 1663, Canada in effect passed to the
French King and became what would now be styled a Crown Colony.
Strong hands ministered to it, and it grew in strength. New France
was fostered, was ruled and organized, was supplied, though sometimes
sparingly, with means of defence and offence. It was developed on
rigidly prescribed lines. It was given a social and political system.
Capable and enterprising men were concerned in making its history,
and its history was made on a distinct type imported from the Old
World, and little modified by the New. What this system was, and how
far under it the colonists were able to cope with their coloured
foes, will be told in the remaining pages of this chapter.
[Sidenote: _The Government of Canada._]
[Sidenote: _The Supreme Council._]
The Government of Canada was a despotism. Under the {95} King of
France, whose word was law, the whole power was centred in the
Governor, the Intendant, and the Council, known at first as the
Supreme Council, afterwards as the Superior or the Sovereign Council.
This Council was created by royal edict in April, 1663. It was at
once a legislative body, and a High Court of Justice. It consisted of
the Governor, the Intendant, the bishop, and five other councillors,
afterwards increased to seven, and again to twelve. The councillors
were appointed by the King, and held office usually for life. They
deliberated, they legislated, they judged, they wrangled among
themselves; they followed the lead of Governor, Intendant, or bishop,
according as one or the other was strongest for the time being, and
the strongest for the time being was the man who had the ear of the
King and his minister.
[Sidenote: _The law of Canada._]
[Sidenote: _The courts of justice._]
The law of the land was the Customary Law of Paris, supplemented by
three kinds of ordinances. There were the royal edicts sent out from
France and registered by the Council in Canada; there were the
decrees made by the Council; and in the third place, there were the
ordinances of the Intendant, who was invested with legislative
authority by the King. The Council, as has been stated, was a
judicial as well as a legislative body. It was the court of appeal
for the colony, and in early days it was also a court of first
instance. There were minor courts of justice, too, established by the
Council, and three judges of the three districts of Quebec, Three
Rivers, and Montreal respectively, appointed by the King. In
addition, the feudal Seigniors[3] of Canada exercised a petty, and
usually little more than nominal, jurisdiction among their vassals,
while the Intendant enjoyed {96} extensive judicial powers, emanating
from and subordinate to the King alone.
Public-domain text, read in full here on John Shaqi.
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