might appear to conflict with the principles of absolute
government laid down by the sovereign. The superior
council of Canada possessed judicial, administrative
and legislative powers, but its action was limited
by the decrees and ordinances of the king, and its
decisions were subject to the veto of the royal council
of the parent state. The intendant, generally
a man of legal attainments, had the special right
to issue ordinances which had the full effect of law—in
the words of his commission “to order everything
as he shall see just and proper.” These
ordinances regulated inns and markets, the building
and repairs of churches and presbyteries, the construction
of bridges, the maintenance of roads, and all those
matters which could affect the comfort, the convenience,
and the security of the community at large. While
the governmental machinery was thus modelled in a large
measure on that of the provincial administration of
France, the territory of the province was subject
to a modified form of the old feudal system which
was so long a dominant condition of the nations of
Europe, and has, down to the present time left its
impress on their legal and civil institutions, not
even excepting Great Britain itself. Long before
Jacques Cartier sailed up the River St. Lawrence this
system had gradually been weakened in France under
the persistent efforts of the Capets, who had eventually,
out of the ruin of the feudatories, built up a monarchy
which at last centralized all power in the king.
The policy of the Capets had borne its full, legitimate
fruit by the time Louis XIV ascended the throne.
The power of the great nobles, once at the head of
practically independent feudatories, had been effectually
broken down, and now, for the most part withdrawn from
the provinces, they ministered only to the ambition
of the king, and contributed to the dissipation and
extravagance of a voluptuous court.
But while those features of the ancient feudal system,
which were calculated to give power to the nobles,
had been eliminated by the centralizing influence
of the king, the system still continued in the provinces
to govern the relations between the noblesse
and the peasantry who possessed their lands on old
feudal conditions regulated by the customary or civil
law. These conditions were, on the whole, still
burdensome. The noble who spent all his time in
attendance on the court at Versailles or other royal
palaces could keep his purse equal to his pleasures
only by constant demands on his feudal tenants, who
dared no more refuse to obey his behests than he himself
ventured to flout the royal will.