Crusaders of New France - A Chronicle of the Fleur-de-Lis in the Wilderness - Chronicles of America, Volume 4 by William Bennett Munro
page 101 of 164 (61%)
page 101 of 164 (61%)
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produce enough income to make such a procedure worth while. In a few
populous districts there were seigneurial courts with regular judges who held sessions once or twice each week. In some others the seigneur himself sat in judgment behind the living-room table in his own home and meted out justice after his own fashion. The Custom of Paris was the common law of the land, and all were supposed to know its provisions, though few save the royal judges had any such knowledge. When the seigneur himself heard the suitors, his decision was not always in keeping with the law but it usually satisfied the disputants, so that appeals to the royal courts were not common. These latter tribunals, each with a judge of its own, sat at Quebec, Three Rivers, and Montreal. Their procedure, like that of the seigneurial courts, was simple, free from chicane, and inexpensive. A lawsuit in New France did not bring ruinous costs. "I will not say," remarks the facetious La Hontan, "that the Goddess of Justice is more chaste here than in France, but at any rate, if she is sold, she is sold more cheaply. In Canada we do not pass through the clutches of advocates, the talons of attorneys, and the claws of clerks. These vermin do not as yet infest the land. Every one here pleads his own cause. Our Themis is prompt, and she does not bristle with fees, costs, and charges." Throughout the French period there was no complaint from the habitants concerning the burdens of the seigneurial tenure. Here and there disputes arose as to the exact scope and nature of various obligations, but these the intendant adjusted with a firm hand and an eye to the general interest. On the whole, the system rendered a highly useful service, by bringing the entire rural population into close and neighborly contact, by affording a firm foundation for the colony's social structure, and by contributing greatly to the |
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