Even the death penalty might be exacted. Here
was a great opportunity for abuse. A very inquisition
would have been possible under the broad terms in which
the king gave his grant of jurisdiction. Yet the Church
in New France never to the slightest degree used its
powers of civil jurisdiction to work oppression. As a
matter of fact it rarely, if ever, made use of these
powers at all. Troubles which arose among the habitants
in the Church seigneuries were settled amicably, if
possible, by the parish priest. Where the good offices
of the priest did not suffice, the disputants were sent
off to the nearest royal court. All this is worth comment,
for in the earlier days of European feudalism the bishops
and abbots held regular courts within the fiefs of the
Church. And students of jurisprudence will recall that
they succeeded in tincturing the old feudal customs with
those principles of the canon law which all churchmen
had learned and knew. While ostensibly applying crude
mediaeval customs, many of these courts of the Church
fiefs were virtually administering a highly developed
system of jurisprudence based on the Roman law. Laval
might have made history repeat itself in Canada; but he
had too many other things engaging his attention.
Lay seigneurs, on the other hand, held their courts
regularly. And the fact that they did so is of great
historical significance, for the right of court-holding
rather than the obligation of military service is the
earmark which distinguishes feudalism from all other
systems of land tenure.
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