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)
it was the highest court of appeal, it exercised at first original
jurisdiction in very trivial cases. * It was empowered to establish
subordinate courts or judges throughout the colony. Besides these there
was a judge appointed by the king for each of the three districts into
which Canada was divided, those of Quebec, Three Rivers, and
Montreal. To each of the three royal judges were joined a clerk and
an attorney-general under the supervision and control of the
attorney-general of the superior court, to which tribunal appeal
lay from all the subordinate jurisdictions. The jurisdiction of the
seigniors within their own limits has already been mentioned. They
were entitled by the terms of their grants to the exercise of “high,
middle, and low justice;” but most of them were practically restricted
to the last of the three, that is, to petty disputes between the
_habitans_, involving not more than sixty sous, or offences for which
the fine did not exceed ten sous. ** Thus limited, their judgments were
often useful in saving time, trouble, and money to the disputants. The
corporate seigniors of Montreal long continued to hold a feudal court in
form, with attorney-general, clerk, and _huissier_; but very few other
seigniors were in a condition to imitate them. Added to all these
tribunals was the bishop’s court at Quebec to try causes held to be
within the province of the church.
* See the Registres du Conseil Supérieur, preserved at
Quebec. Between 1663 and 1673 are a multitude of judgments
on matters great and small; from murder, rape, and
infanticide, down to petty nuisances, misbehavior of
servants, and disputes about the price of a sow.
** Doutre et Lareau, Histoire du Droit Canadien, 135.
The office of judge in Canada was no sinecure. The people were of a
litigious disposition, partly from their Norman blood, partly perhaps
from the idleness of the long and tedious winter, which gave full
leisure for gossip and quarrel, and partly from the very imperfect
manner in which titles had been drawn and the boundaries of grants
marked out, whence ensued disputes without end between neighbor and
neighbor.
“I will not say,” writes the satirical La Hontan, "that Justice is
more chaste and disinterested here than in France; but, at least, if
she is sold, she is sold cheaper. We do not pass through the clutches
of advocates, the talons of attorneys, and the claws of clerks. These
vermin do not infest Canada yet. Everybody pleads his own cause.
Our Themis is prompt, and she does not bristle with fees, costs, and
charges. The judges have only four hundred francs a year, a great
temptation to look for law in the bottom of the suitor’s purse. Four
hundred francs! Not enough to buy a cap and gown, so these gentry never
wear them.” *
Public-domain text, read in full here on John Shaqi.
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