1663-1664 THE SOVEREIGN COUNCIL AND THE SEIGNEURS OF THE ISLAND GREAT CHANGES, PHYSICAL AND POLITICAL MILITIA SQUADS ESTABLISHED—THE FORMATION OF THE CONFRATERNITY OF THE HOLY FAMILY—THE EARTHQUAKE AT MONTREAL—POLITICAL CHANGES—THE RESIGNATION OF THE COMPANY OF ONE HUNDRED ASSOCIATES—CANADA BECOMES A CROWN COLONY—THE TRANSFER OF THE SEIGNEURY OF THE ISLAND FROM THE COMPANY OF MONTREAL TO THE "GENTLEMEN OF THE SEMINARY"—ROYAL GOVERNMENT—THE APPOINTMENT OF THE SOVEREIGN COUNCIL—CHANGE IN THE MONTREAL JUDICIAL SYSTEM—FORMER HOME RULE PRIVILEGES RESCINDED—MONTREAL UNDER QUEBEC—PIERRE BOUCHER'S DESCRIPTION OF CANADA AND MONTREAL—SOCIAL LIFE OF THE PERIOD—MONTREAL SOLDIERY—THE ELECTION OF POLICE JUDGES—ATTEMPT TO SUPPLANT MAISONNEUVE AS LOCAL GOVERNOR—DISCORD IN THE SOVEREIGN COUNCIL. Meanwhile the war was still in progress and news had come that the Iroquois had determined to seize Montreal, by surprise or force, as their own post, after putting the inhabitants to fire and sword. To meet this threat, de Maisonneuve issued an ordinance, January 27, 1663, inviting the colonists to form into militia squads of seven persons of which one should be elected corporal, for the purpose of supplementing the regular garrison soldiers. On February 4th "to the end that the country may be saved," he established a camp volant, or flying squadron, composed of twenty such squads, to be known under the title of the Militia of the Holy Family of Jesus, Mary and Joseph, "since this island is the property of the Holy Virgin." It will be remembered that already de Maisonneuve had established his Military Confraternity, or guard of sixty-two. In all things the religious character of the foundation of Montreal is seen. At Quebec the liquor traffic with the Indians went on more boldly, owing to the absence of Mgr. Laval, and disorders were multiplied, such as the burning of one of the houses on the night of January 23d. An event, which is reported from many sources and was regarded as a supernatural visitation was, however, more effective in putting the fear of the Lord into the liquor traffickers than all the previous thunderings of the clergy. On February 5th, the eve of Carnival Monday, or "lundi gras," the first hoarse rumblings of an earthquake which were noted all over Canada, were One direct effect of the earthquake was to make the ladies form, under the suggestion of PÈre Chaumonot, the Jesuit, then on a visit to Montreal, and with the co-operation of M. Souart, a pious association under the name of the "Confraternity of the Holy Family." Its formation, on July 31st, was greatly promoted by Madame d'Ailleboust, widow of Louis d'Ailleboust, the former governor general, who, since his death in 1660, had taken up her abode at the HÔtel-Dieu. It was approved in March 1665, by Mgr. Laval. Subsequent associations spread all over Canada for two centuries. The pictures given of the earthquake are most graphically painted by writers of the period, such as those in the "Relations." In the forest the trees were apparently at war, being uprooted and cast against one another, so that the Indians said the forest was intoxicated. The hills and mountains were in the same confusion. Mountains were laid low and the valleys were filled up. The ice beds of the rivers broke up and the water, mingled with mud, poured up in jets on high. The streams quitted their beds or changed the colours of their waters, some yellow, others red; the great St. Lawrence was whitish for eight days. To the affrighted people it seemed that the spirits of darkness and the powers of the air were permitted to league themselves. But there was little loss of life "and the harvest," says Sister Marie de l'Incarnation, "was never more fruitful. There were no sicknesses. You see by this that God only wounds to bless and that his inflictions which we have experienced, are only the chastisement of a good Father." The effects of this earthquake still are visible. From Cape Tourment to Tadoussac there were changes in the contour of the land and of the banks of the St. Lawrence. The picturesque name, Les Eboulements, in the Bay of St. Paul, records the fall of a hill nearby into the river, thus forming the present island. The earthquake spread to New England and the New Netherlands, and similar terrors affected the minds of the people as in Canada. While these warlike physical changes were terrifying Canada, in France the constitution of the bodies governing its temporal law and order were also being overhauled in a more peaceful manner. On February 24th the few remaining rich members of the Company of One Hundred Associates, which had the monopoly of New France since 1626, were constrained, seeing impending dissolution by force, to offer the resignation of their charters, by a renunciation pure and simple. In the March following this was accepted by the king. The colony came at last directly under the crown and happier times were in store for it. Splendid colonizing ideas were being prepared by Louis XIV and Jean Baptiste Colbert, the successor of Mazarin, which if carried out would have prevented the necessity of the cession of 1760. The words of the edict will not surprise our readers. "Since it has pleased God," says this prince, "to give peace to our kingdom, we have nothing more strongly to heart than the re-establishment of commerce, as being the source and the principle of the abundance which we take upon Thus the future Canadian society was being thought out on the basis of an over-parental feudalism, probably the best form for the times, though it sadly crippled the initiative of the French-Canadian population, with results seen to this day. Yet the population was no more than twenty-five hundred souls, of which eight hundred were at Quebec. At the same time the negotiations for the transfer of the seigneury of the island of Montreal were completed. During the visit of Mademoiselle Mance several meetings of the Company of Montreal had been held, the members of which, with the exception of some directors of the Seminary of Paris, and M. de Maisonneuve, were reduced to five. On March 9th the act of transfer, to be found in the Edicts and Ordinances of the Province of Quebec, states that: "Considering the great blessings, which God has poured upon the Island of Montreal for the conversion of the savages and the edification of the French, by the help of MM. Olier, de Renty and others, for twenty years; and now, in later years the gentlemen of the Seminary of St. Sulpice have laboured by their care and zeal to uphold this good work, having exposed their persons and having made contributions for the good of the colony and increase of the glory of God; the Associates desiring moreover to contribute on their part by seconding the pious designs of the Gentlemen of the Seminary, and in honour of the memory of the founder and one of the promoters and benefactors of the work of Montreal, they have, after several conferences on the subject, and in furtherance of the greater glory of God, given to these gentlemen all the proprietorial rights which they have in the Island of Montreal, as also the seigneurial manor house, called the Fort, the farm, the tilled lands and all the rights that they have in their island." In this donation special reference was made to the services of M. de Maisonneuve. He was to continue, during his life, governor and captain of the island and of the seigneurial manor house under, however, the pleasure of the Gentlemen of the Seminary. He was to have, in place of remuneration, half of the farm lands and the revenues of the mill. He was to have his apartments in the seigneurial manor house, in which the Gentlemen of the Seminary, as Seigneurs, shall henceforth have the right to live. After some hesitation, in view of the expense of the undertaking, the Seminary of St. Sulpice at Paris, on March 31st, finally undertook the work for which their founder had always intended them, and Montreal was saved from the abandonment which at one time during the negotiations looked imminent. There was a desire to have M. de Queylus sent back, but Laval, then in Paris, was adamant in his firmness. On his part, he was very well received at court. The king would have Laval made "Bishop of Quebec" and he gave him the abbey revenues of Maubec in the diocese of Bourges to sustain the position when the see of Quebec should be erected, which was not to be for many years. The most important preparation for the better government of New France, and one in favor of Laval, was the edict, published in March by the king, of the appointment of a Sovereign Council to sit at Quebec, unless judged more convenient elsewhere. This was to consist of the governor general, the bishop, or in default the highest ecclesiastic on the spot, the intendant when appointed, five councillors and a procureur du roi. The nomination of these councillors was to be made conjointly by the governor general and the bishop, and they could dismiss them or continue them at pleasure. This gave Laval greater power than before, for hitherto under d'Avaugour, he had only a right to be called to the council with a "voix dÉlibÉratrice," as a simple councillor among creatures chosen by the governor general. The Baron d'Avaugour was recalled, In the April following he obtained an edict from the king regulating the "dime" for church support and the poor rate, to be fixed at the thirteenth part of the income of each colonist. It was arranged also that the curÉs should be removable at the will of the bishop and his successors. The bishop of Petrea reached Quebec on September 15th with the new governor general, de MÉzy, and M. Louis Gaudais, Sieur du Pont. The latter had been sent by the king as an envoy to enquire into the government of d'Avaugour, and in addition to report on the most convenient means for the colonization and cultivation of the country. The troops which the king had desired to send to subdue the Iroquois were not as yet at liberty to come, but in their place, 100 families containing 500 persons, with expenses defrayed for a year, were dispatched this year. By September 28th the new councillors, Rouer de Villeray, keeper of the seals; Jucherau de la FertÉ, M. Ruette d'Auteuil, Legardeur de Tilly, d'Amours; and the new king's procurator, M. Bourdoin, with Gaudais, the royal commissioner acting as intendant ad interim, had collaborated with de MÉzy and Laval and had issued a severe edict forbidding the liquor traffic with the Indians. There was now great stir under the new form of Royal Government. MÉzy and Laval were announced as Chiefs of the Council. The inhabitants made offer of their "foi et hommage" for their land tenures. Officers for the administration of justice, according to civil law, were appointed. Regulations for commerce and social progress were promulgated. New France was declared a province or a kingdom and Quebec a "town." A mayor, Legardeur de Repentigny, and two aldermen, Jean Maudry and Claude Charron, were elected, and municipal life seemed promised. These officers met on October 6th, but by November 14th their election was revoked by the council and the office of syndic again restored. This abortive municipal life was apparently too great a stride in the autocratic government then in vogue. Yet Canada was beginning to emerge from its petty parish condition and its struggling state. The privilege granted Laval of exacting one-thirteenth part of the fruits of the earth and of a man's labour on the earth for church establishment was not satisfactory, and finally it was reduced to one-twentieth for the rest of monseigneur's life; later it was reduced by Laval to a twenty-sixth. The taking over of the colony as a royal possession began to affect other places than Quebec. At Montreal, the assumption of the seigneurial duties and privileges was not without difficulty. On August 18th, the commission which had been privately given by M. de Bretonvilliers to M. Souart was publicly ratified. But hardly had the Sovereign Council been installed than it took away the right of the Seigneurs to administer justice in civil and criminal cases, and on September 28th appointed M. Arthur de Sailly as judge, Charles Le Moyne, king's procurator, BÉnigne Basset as chief clerk and notary of the sÉnÉchal's court, all of whom took the oath on October 19th. Similar inferior courts of justice were also established at Three Rivers; appeal could be made on trivial causes to the supreme council. The customary law of Paris, or "coutume de Paris," based on the civil law of Rome, was the fundamental law of Canada, and still governs the civil rights of the people. Hitherto Maisonneuve had acted as administrator of justice, but now the seigneurs named Charles d'Ailleboust des Musseaux as judge and retained BÉnigne Basset as clerk of the Seigneurs. The new appointments, made over their heads in defiance of their rights, caused M. Souart, on behalf of the seigneurs, to go to Quebec with M. de Maisonneuve, to protest. But while there, de MÉzy dealt a further blow by presenting Maisonneuve with his commission of governor of Montreal, thereby intimating that the seigneurs had no right of appointment. M. Souart, relying on the decree of 1644 giving this power to the seigneurs, then the Company of Montreal, protested, and he was ordered to produce the letters patent for proof; meanwhile de Maisonneuve was to act as governor of Montreal, by the power just granted by the governor general, till the king should order otherwise. In the meantime de Maisonneuve acted on his new commission but always without prejudice to the rights of the seigneurs. This loyalty was also shared But the new colonial policy was to bring good results from the new blood infused. If wisely handled, the new rÉgime would have worked permanent good. The resignation of the Company of New France, on February 24, 1663, was accepted by the king in March of the same year, and the edict on the creation of the Supreme Council followed in the April following. From the date of the establishment of the Supreme Council, September 18, 1663, Civil Government may be said to have begun. Hitherto no deliberative board had sat to discuss the affairs of the colony. There had been a vague and indefinite system of government by the chartered companies, but there had been no constituted hierarchy, either in the political or in the judicial order. The council was modeled on that of the parliament of Paris. The terms of the "ordonnance" of its creation indicated that the king wished to create here, in Canada, an authority to supply what the parliament of Paris, seeing its great distance away, could not provide for. Yet the Sovereign Council was never a real parliament, although it contained in germ, if not actually, all the power of one. The dignity of the new body was so great later that when Frontenac came as a governor he considerably astonished the simple burgesses of the little fortress of Quebec with all the pomp at his command. He would be in truth a "Viceroy," and Gascon that he was, he would play the part. Others also in their sphere would reproduce the usages of the Paris mother parliament; hence the troubles about "prÉsÉance," among the counsellors, which seem so trivial to us, but not so to them, punctilious in their observance of their high positions. With Paris for an example, it is not surprising that Frontenac dismissed his counsellors, when it suited him, for did not Louis le Soleil do the same himself? The "ordonnance" of the creation of the council, after indicating the composition of its members and outlining its general powers, then continues: "Moreover we give power to the said council to commission, at Quebec, Montreal, Three Rivers and in all other places, as many, and in the manner as it shall deem necessary, persons as shall judge in the first instance without chicanery and delay, the procedures of different proceedings which may arise between private persons, and shall name clerks, notaries and scriveners, surgeons and other officers of justice whom they shall judge proper, our desire being to drive all chicanery as far as possible out of the said country of New France, with the end that prompt and speedy justice may be rendered." The Sovereign Council was held at Quebec but it ruled over Montreal, not in broad lines of general policy only, but in what we would call village politics. It went into very small details indeed and the parish church portals were frequently A picture of this period is presented in the "Histoire VÉritable et Naturelle de la Nouvelle France," dedicated to Colbert, the minister, by a letter written from Three Rivers on October 8, 1663, by Pierre Boucher, who had been sent to France by the inhabitants of La Nouvelle France for help, in 1662, when he had conversed with Colbert personally. His object was to explain the physical and natural history of the country to encourage colonization. He expresses surprise that the country still remained inadequately populated, but he warns Colbert against any policy of sending criminals to this country. Tramps were not wanted in Canada. If any insinuated themselves they knew, how to hang them, as elsewhere. Doubtful women were not tolerated either. Those women that came were vouched for by responsible persons or relatives. Speaking of the climate he says: "From the beginning of May, the heat is extremely great, though we are only coming out of the depth of winter. This is the reason why everything goes ahead and in less than no time the earth is covered with verdure. It is remarkable that the wheat sown at the end of April or as late as May 21st is harvested in September. The winter is very cold, but it is a bright frost, and for the most part the days are beautiful and serene. "Mont Royal, the last of our settlements, is situated on a beautiful and great island. The lands are very good and produce grain in abundance; everything is going on well there; fishing and hunting are also very good." Montreal is described as having a rich soil, but requiring horses Speaking of the caribous he says that the males have forked feet, which in running, open so widely that they never sink in the winter snows no matter how deep these may be. He speaks of the skill of the beavers in constructing their dams, which the waters cannot break through, saying that they thus arrest the courses of little streams, inundating a great part of the country and forming pools for them in which to play and to have their dwellings. The savages had the greatest difficulty on their hunting expeditions in destroying these dams. Describing social life, he says that the country produced strong boys and girls, but they were led to study with difficulty. Wine was drunk in the best houses, beer in others, and a favourite drink in common use was "bouillon." Some houses were built of stone covered with pine boards, some were built with upright posts filled in with masonry; others were framework buildings of wood. There were no women servants in Canada. Most of the men started as servants and in a few years were at their ease working for themselves. He advised all who came to Canada to be ready to put their hands to anything, building or land clearing. They should bring provisions for two years, especially flour. He gives many other details showing the value of money and the price of things. The great difficulty beyond the mosquitoes and the length of the winter was the fear of the Boucher was accompanied from France by Dumont, an officer in charge of 100 soldiers. In Dumont's account of his visit, written in 1663 in the "Relations," he says of Montreal that the inhabitants were the most soldierly in the country—a remark made also by Boucher. Boucher's mission to France helped to persuade the king to take over the colony as a royal possession. When the king's forces came to exterminate the Iroquois the Montreal fighting men did justice to their reputation, as we shall see. At this period the mode of living was very simple. The house was one long room lighted by three windows, in which all the family ate, slept and worked. At the bottom of the apartment was the bed of the parents, against the wall; in a corner a contrivance which served as a bench by day and a bed by night for the children. On the right, as you entered, you would have seen the open chimney rising a little above the room, and slung from a chain was the family cooking pot. Near the fireside was a small staircase or ladder leading to the grain loft above lighted by one or two small windows. A table and a few chairs or benches or a collapsible chair and table in one, completed the primitive furniture in the living room. But we must not forget the old gun hanging over the bed, ready at hand during the night should the Iroquois suddenly attack. This served also as the family forager for meat, and game, both feathered and "red skins." There was good shooting in the neighbourhood of Montreal, with plenty of ducks and partridges. It is recounted that in 1663 a hunter in Quebec brought down thirty-two grey turtle doves with one shot. On the rivers they were so numerous that the rowers could hit the troublesome birds with their paddles. The settlers, when they had collected all they needed and salted there for the winter, had abundance left over to give to the dogs and the pigs. There was not much hunting in the woods by Montrealers, but the Indians brought into the market near the fort, the original "place d'armes," a goodly amount of bear, elk, venison, wild cow, moose, beaver and muskrats, and other meats. On "fish days" the good Montrealer had no excuse for not keeping church abstinence, for eels sold at an Écu a hundred, and sturgeons, shad, dory, pike, carp, groundlings, brill and maskinongÉ abounded. From Quebec they received the salmon and the herring, trout from Malbaie and white fish from Three Rivers. Provisions, clothing and property originally were exchanged by barter, e. g., a small lot of land went for two cows and a pair of stockings; a larger piece would go for two bulls, a cow and a little money. Money became less rare when the troops arrived. Meanwhile the war with the Iroquois was carried on with the usual incidents, as already described. At Montreal there seems to have been more fear of the exactions of Quebec than of the incursions of Iroquois. Quebec had endeavoured to restrain all trade Accordingly on February 15, 1664, Paul de Chomedey published an ordinance ordering the habitants to assemble on the Sunday following, February 24th, to the place called the "hangar," to elect five of the principal inhabitants to regulate the matters of police for the town. This day, the weather being bad, saw very few at the voting place, and we find the syndic, Urbain Bauderau, asking for a reannouncement of the same ordinance for next Sunday, March 2d. This was done, and at least 226 were present, to judge by the votes recorded. The following were elected police judges: Louis Prud'homme, 23 votes; Jacques Le Moyne, 23; Gabriel le Sel, Sieur du Clos, 19; Jacques Picot, Sieur de la Brie, 24; Jean Leduc, 19. Dated March 6th, another document of de Maisonneuve is preserved, in which it is recorded that the above five had been ordered to appear before the governor to take the oath, and had done so, but Le Sel and Leduc, having said and declared that they did not know how to write or sign, the three others signed the commission of appointment. Meanwhile the position of de Maisonneuve as governor of Montreal was becoming insecure and in June of this year he was called to Quebec by M. de MÉzy who named Captain Etienne PÉzard, Sieur de la Touche, to succeed him in his position. What the reason was, beyond the jealousy of the governor general, or a possible secret instruction from the government, we do not know. Yet this latter appointment never took place, for we find de Maisonneuve still governor till his final removal by Tracy at the end of 1665, and even then M. Dupuis, the town major, was only appointed as commandant till Perrot was officially appointed in 1669. At Quebec the early months of 1664 were signalized by the outburst in flame of the smouldering dissatisfactions and the growing discord marring the harmony hitherto existing between Laval and de MÉzy, the joint chiefs of the Sovereign Council. The dual rule was found impossible, especially as the council was This rupture was inevitably the result of the impossible dual government. In France the vesting of temporal power in a bishop was not so likely to prove unsuccessful as in a new country needing a military governor. But to place the spiritual and civil authorities "ex aequo" in civil government was not the wise move for the good of the church it had been intended to be. M. de MÉzy no doubt felt the weakness of his position. The moral strength of government would be dominated by the bishop and in a conflict the councillors and others would side with the bishop as vicar apostolic, who was irremovable, except by the pope, until death, while the governor general could be recalled even before his three years were completed. Hence his patience was tried and his dignity hurt; thus he lost his head and went beyond his powers. On the other hand, the bishop would honestly not have been prepared for this outburst. With pain and astonishment Laval replied, on February 16th, that he could not in honour or in conscience ratify the suspension of the councillors until they should be convicted of their alleged crimes against the governor. The suspension of Bourdon, the king's procurator, held up the administration of justice. This MÉzy endeavoured to correct by appointing, on March 10th, against the will of Laval, another, in the person of the Sieur Chartier. He went further and arbitrarily dissolved the council on September 18th, and on the 24th established another without the consent and participation of the bishop. On September 23d M. Bourdon sailed to France at the command of de MÉzy to render an account of his service to the king. In October de MÉzy published again, at the beat of the drum, another proclamation, which incensed the ecclesiastical party. The dissentions in Quebec could not but have a disquieting effect on Montreal, now politically more dependent on Quebec than ever. FOOTNOTES: |