The seigneur could appoint its judge, and if unable to provide one, he could turn the cases arising to a neighbouring court, such as at Montreal. In addition, there would be the greffier, or clerk of the court, sergeants and the gaoler.
Municipal affairs were, at this time, managed at the "hangar," on the common of Montreal, through the syndic who had been appointed by a plurality of votes of the inhabitants in council, summoned thither by church bell. At these elections the judge was present as presiding officer, replacing the greffier, as mentioned in a previous chapter, and he was accompanied by the procureur fiscal and the greffier. Sometimes this election, for greater formality, was made in the hall of the seigneurs or at the château of the fort, as in the case of the election of syndic, Louis Chevalier, on May 15, 1672.
The syndic controlled the general law and order, and when necessary, called in the judge to his assistance, as on April 8, 1674, when the judge fined some delinquents, on the complaint of Louis Chevalier, then syndic, for damage done by straying cattle.
In order to surround the officers of the community with some dignity, various ranks were assigned, so that there should be an order of procedure in church or elsewhere, and notably in processions. In the latter the order was as follows: the governor general, the local governor, the officers of justice, the churchwardens. In the processions and in other religious ceremonies the military could claim no rank.
The marguilliers, or churchwardens, for their election needed an official document drawn up by the public notary, since they were an important body, being empowered to make contracts in the name of the Fabrique, and to make acquisitions and alienations. Zacharie Dupuis, major of the island, in 1666 is mentioned in such an act as honorary churchwarden. Up to 1676 these officers were elected by a general gathering, but at this date Laval ordered that the system, obtaining at Quebec since 1660, of election by secret votes, certified by past and present churchwardens, should be adopted in other parishes. In some localities, besides the marguilliers there was appointed a treasurer, or receiver of gifts or of fines made applicable to the Fabrique by the judge and other magistrates. According to custom, the parish church of each place was maintained by the inhabitants, as well as the establishment of the cemetery, and the preservation of its enclosure from damage. On one occasion we find at Montreal that cattle had broken into the enclosure, and the palisading had to be repaired.
No general taxation was made but it was ordered, in a general assembly, that M. Frémont, one of the priests of the cemetery, should go accompanied by one of the parishioners to canvass all the sections of the parish for a subscription for the purpose. Nevertheless we find that if the parishioners neglected their Easter duty of providing "blessed bread" for the church or chapel, an ordinance of Quebec of January 13, 1670, condemned them to an arbitrary fine.
As to the soldiers remaining after Tracy's departure, they had other duties beside the peopling of the colony. According to the feudal system incorporated by Talon, they were to take up land and incidentally be thus, by their presence, a safeguard for others against Iroquois attack. Montreal district, being the head and front of Iroquois invasion, consequently welcomed these colonists, and from Lake St. Peter to Lachine, on both sides of the St. Lawrence, fiefs were granted large and small to officers and men. Chambly, Sorel, Saint Ours, Contrecœur, de Berthier, de la Valterie, Varenne, Verchères, soldiers' names, mark military seigneuries established about this time. Thus strong sentinel posts were, by Talon's masterly statesmanship, gradually linked together by this band of soldiers now turned husbandmen after the fashion prevailing since the Roman invasions of Gaul and Britain. The holdings were near one another and were called "côtes." We have named several of them as already existing in the vicinity of Montreal.
The work of opening up the land was the great hope of the king. About this time horses began to be employed, for up to July 16, 1665, they were unknown to the Indians, and great was their astonishment to see the twelve French "elks" that arrived that day, and the docility with which they obeyed their masters. It was a great honour indeed to possess one of these. Of the consignment of one stallion and twelve mares in 1670, the following distribution was made: the stallion and a mare to M. Chambly, two to M. Lachenaye, and one each to MM. Talon the intendant, Saint Ours, Sorel, Contrecœur, Varenne, Latouche, Repentigny, La Chesnaye, and Leber. They were given with a view to their multiplication and, indeed, of all the other animals sent, the horses were the most prolific and successful. The conditions to be observed were: they should be kept in condition for three years; if any died during that time through the fault of the "donné," he should pay the king's receiver the sum of 200 livres. After the expiration of three years he might sell it and the foals, one of which he was to keep for the king's receiver, as well as the sum of 100 livres. It was further ordered that when these foals, given to the king's receiver, had reached the third year, they were to be given to private individuals as before on the same terms. Thus the stock breeding was merrily continued.
Cattle were sent to New France at this period, thus: 1665, 12 mares, 2 stallions, 7 sheep; 1667, 12 mares, 2 stallions, 29 sheep; 1668, 15 horses, 44 sheep; 1669, 14 horses, 50 sheep; 1670, 13 horses; 1671, horses and asses.
The asses sent in 1671 were distributed as follows: Sieur Marsollet, a male ass; Sieur Neveau, a female ass; the Jesuit Fathers, one male and one female ass; M. Dudouyt, a female; M. Damours, a female; M. de Villieu, a female; Sieur de Longchamps, a female; Bourg Royal, a female; Sieur Morin, a female. These did not suit the climate so readily. [99]