The council, as reconstituted, consisted of the four old members, Louis Rouer de Villeray, who received the designation of first councillor, Le Gardeur de Tilly, Mathieu Damours, and Nicolas Dupont, with three new ones, Réné Charlier de Lotbinière, Jean Baptiste de Peyras, and Charles Denis de Vitre. The attorney-general, Denis Joseph Ruette d'Auteuil, a man described by Frontenac a couple of years later as "very ignorant, and having such imperfect sight that he can neither read nor write," was by name reappointed to his office, with one Gilles Rageot as clerk. All these, holding their appointments directly from the king, were secure from removal by any lesser authority. The utmost the governor could do would be to suspend one or more of them for grave misconduct, subject to confirmation of his action by the sovereign. Another change in the judiciary of the colony was made a couple of years later. The king had, in the year 1674, abolished a court called the Prévôté (Provost's Court) of Quebec, which had been established by the West India Company for the purpose of exercising a kind of police jurisdiction, and making preliminary inquiries in certain cases. The royal idea at the time had been that it would be simpler to intrust the whole administration of justice to one court, the Sovereign Council. The enlargement and strengthening of the council, however, and the appearance upon the scene of an intendant whose views did not always harmonize, to speak very moderately, with those of the governor, somewhat altered the situation. There was a balance of powers; but justice itself would sometimes hang in the balance longer than was desirable. In order, therefore, to get as many cases as possible disposed of without troubling that important tribunal, his Majesty, in the month of May 1677, determined to re-establish the Prévôté, with power to judge, as a court of first instance, all cases civil and criminal, subject to appeal to the Sovereign Council. The court was to consist of a lieutenant-general as judge, a public prosecutor and a clerk. To these was added, by an edict of the same month, a special officer having the title of _prévôt_, with judicial functions in criminal cases only. It probably was not foreseen that the governor might play off the Prévôté against the Sovereign Council. That, however, is what happened, and as the lower court had at its service six "archers" or constables, it was able, when acting in concert with the governor, to accomplish an occasional _tour de force_.
Knowledge
Count Frontenac — Part 51
2026-11-15 10:28:41 · Cedar Herald Index
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