Count Frontenac: Makers of Canada, Volume 3LeSueur, William Dawson
History
Count Frontenac: Makers of Canada, Volume 3
LeSueur, William Dawson
Canada -- History -- To 1763 (New France); Frontenac, Louis de Buade, comte de, 1620-1698
neither foreseen nor intended, was to augment the influence of the
bishop, at the expense of that of the governor, through the operation of
the natural law which inclines men to side rather with permanent than
with transient forces. Frontenac was jealous from the first of the
increased prestige of the council, and soon became disagreeably aware of
the advantage it afforded to his ecclesiastical rival.
The council, as reconstituted, consisted of the four old members, Louis
Rouer de Villeray, who received the designation of first councillor, Le
Gardeur de Tilly, Mathieu Damours, and Nicolas Dupont, with three new
ones, Rene Charlier de Lotbiniere, Jean Baptiste de Peyras, and Charles
Denis de Vitre. The attorney-general, Denis Joseph Ruette d'Auteuil, a
man described by Frontenac a couple of years later as "very ignorant,
and having such imperfect sight that he can neither read nor write," was
by name reappointed to his office, with one Gilles Rageot as clerk. All
these, holding their appointments directly from the king, were secure
from removal by any lesser authority. The utmost the governor could do
would be to suspend one or more of them for grave misconduct, subject to
confirmation of his action by the sovereign. Another change in the
judiciary of the colony was made a couple of years later. The king had,
in the year 1674, abolished a court called the Prevote (Provost's Court)
of Quebec, which had been established by the West India Company for the
purpose of exercising a kind of police jurisdiction, and making
preliminary inquiries in certain cases. The royal idea at the time had
been that it would be simpler to intrust the whole administration of
justice to one court, the Sovereign Council. The enlargement and
strengthening of the council, however, and the appearance upon the scene
of an intendant whose views did not always harmonize, to speak very
moderately, with those of the governor, somewhat altered the situation.
There was a balance of powers; but justice itself would sometimes hang
in the balance longer than was desirable. In order, therefore, to get as
many cases as possible disposed of without troubling that important
tribunal, his Majesty, in the month of May 1677, determined to
re-establish the Prevote, with power to judge, as a court of first
instance, all cases civil and criminal, subject to appeal to the
Sovereign Council. The court was to consist of a lieutenant-general as
judge, a public prosecutor and a clerk. To these was added, by an edict
of the same month, a special officer having the title of _prevot_, with
judicial functions in criminal cases only. It probably was not foreseen
that the governor might play off the Prevote against the Sovereign
Council. That, however, is what happened, and as the lower court had at
its service six "archers" or constables, it was able, when acting in
concert with the governor, to accomplish an occasional _tour de force_.
Public-domain text, read in full here on John Shaqi.
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