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)
Thus far La Hontan. Now let us hear the king; himself. “The greatest
disorder which has hitherto existed in Canada,” writes Louis XIV. to
the intendant Meules, “has come from the small degree of liberty which
the officers of justice have had in the discharge of their duties, by
reason of the violence to which they have been subjected, and the part
they have been obliged to take in the
* La Hontan, I. 21 (ed. 1705). In some editions, the above
is expressed in different language.
continual quarrels between the governor and the intendant; insomuch that
justice having been administered by cabal and animosity, the inhabitants
have hitherto been far from the tranquillity and repose which cannot
be found in a place where everybody is compelled to take side with one
party or another.” *
Nevertheless, on ordinary local questions between the habitants, justice
seems to have been administered on the whole fairly; and judges of all
grades often interposed in their personal capacity to bring parties to
an agreement without a trial. From head to foot, the government kept its
attitude of paternity.
Beyond and above all the regular tribunals, beyond and above the council
itself, was the independent jurisdiction lodged in the person of the
king’s man, the intendant. His commission empowered him, if he saw
fit, to call any cause whatever before himself for judgment; and
he judged exclusively the cases which concerned the king, and those
involving the relations of seignior and vassal. ** He appointed
subordinate judges, from whom there was appeal to him; but from his
decisions, as well as from those of the superior council, there was no
appeal but to the king in his council of state.
On any Monday morning one would have found the superior council in
session in the antechamber
* Instruction du Roy pour le Sieur de Meules, 1682.
** See the commissions of various intendants, in Edits et
Ordonnances
Public-domain text, read in full here on John Shaqi.
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