France and England in North America, Part IV: The Old Régime In CanadaParkman, Francis
History
France and England in North America, Part IV: The Old Régime In Canada
Parkman, Francis
Canada -- History -- To 1763 (New France)
* The governor and intendant made frequent appeals to the
court to settle questions arising between them. Several of
these appeals are preserved. The king wrote replies on the
margin of the paper, but they were usually too curt and
general to satisfy either party.
** Déclaration du Roi du 16me Juin, 1703. Appointments were
made by the king many years earlier. As they were always
made on the recommendation of the governor and intendant,
the practical effect of the change was merely to exclude the
bishop from a share in them. The West India Company made the
nominations during the ten years of its ascendancy.
*** Cheruel, Administration Monarchique en France, II. 100.
remained the same. It issued decrees for the civil, commercial, and
financial government of the colony, and gave judgment in civil and
criminal causes according to the royal ordinances and the _Coutume de
Paris_. It exercised also the function of registration borrowed from the
parliament of Paris. That body, it will be remembered, had no analogy
whatever with the English parliament. Its ordinary functions were not
legislative, but judicial; and it was composed of judges hereditary
under certain conditions. Nevertheless, it had long acted as a check on
the royal power through its right of registration. No royal edict had
the force of law till entered upon its books, and this custom had so
deep a root in the monarchical constitution of France, that even Louis
XIV., in the flush of his power, did not attempt to abolish it. He
did better; he ordered his decrees to be registered, and the humbled
parliament submissively obeyed. In like manner all edicts, ordinances,
or declarations relating to Canada were entered on the registers of
the superior council at Quebec. The order of registration was commonly
affixed to the edict or other mandate, and nobody dreamed of disobeying
it. *
The council or court had its attorney-general, who heard complaints and
brought them before the tribunal if he thought necessary; its secretary,
who kept its registers, and its _huissiers_ or attendant officers. It
sat once a week; and, though
* Many general edicts relating to the whole kingdom are
also registered on the books of the council, but the
practice in this respect was by no means uniform.
Public-domain text, read in full here on John Shaqi.
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