The Great Intendant : A Chronicle of Jean Talon in Canada, 1665-1672Chapais, Thomas
History
The Great Intendant : A Chronicle of Jean Talon in Canada, 1665-1672
Chapais, Thomas
Canada -- History -- To 1763 (New France); Intendants -- Canada -- Biography; Talon, Jean, comte d'Orsainville, 1625?-1694
thereof.' Nevertheless, in practice and with due regard
to the good administration of justice, the council's
decree went perhaps too far. The question remained in
abeyance and was not settled until four years afterwards,
at the end of Talon's second term in Canada. He had
written to Colbert on the subject stating that he would
be glad to be discharged of the judicial responsibility,
and to see the question of initiating lawsuits referred
to the Sovereign Council.
As a matter of fact [he said], receiving the petitions
for entering lawsuits does not mean retaining them
before myself. I have not judged twenty cases, civil
or criminal, since I came here, having always tried
as much as I could to conciliate the opposing parties.
The reason why I speak now of this matter is that very
often, for twenty or thirty livres of principal, a
plaintiff goes before the judge of first instance--which
diverts the parties from the proper cultivation of
their farms--and later on, by way of an appeal, before
the Sovereign Council which likes to hear and judge
cases.
Colbert did not deem the decision of the council advisable.
It is contrary [he wrote] to the order of justice, in
virtue of which, leaving in their own sphere the
superior judges, the judges of first instance are
empowered to hear all cases within their jurisdiction,
and their judgments can be appealed from to the
Sovereign Council. Moreover it would be a burden for
the king's subjects living far from Quebec to go there
unnecessarily in order to ascertain before what tribunal
they should be heard.
Public-domain text, read in full here on John Shaqi.
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