Crusaders of New France: A Chronicle of the Fleur-de-Lis in the Wilderness; Chronicles of America, Volume 4Munro, William Bennett
History
Crusaders of New France: A Chronicle of the Fleur-de-Lis in the Wilderness; Chronicles of America, Volume 4
Munro, William Bennett
Canada -- History -- To 1763 (New France); New France -- Discovery and exploration
Besides, there were various details of a minor sort incidental to the
seigneurial system. If the habitant caught fish in the river, one fish
in every eleven belonged to the seigneur. But seldom was any attention
paid to this stipulation. The seigneur was entitled to take firewood
and building materials from the lands of his habitants if he desired,
but he rarely availed himself of this right. On the morning of every
May Day the habitants were under strict injunction to plant a Maypole
before the seigneur's house, and this they never failed to do, because
the seigneur in return was expected to dispense hospitality to all who
came. Bright and early in the morning the whole community appeared and
greeted the seigneur with a salvo of blank musketry. With them they
carried a tall fir-tree, pulled bare to within a few feet of the top
where a tuft of green remained. Having planted this Maypole in the
ground, they joined in dancing and a _feu de joie_ in the seigneur's
honor, and then adjourned for cakes and wine at his table. There is no
doubt that such good things disappeared with celerity before appetites
whetted by an hour's exercise in the clear spring air. After drinking
to the seigneur's health and to the health of all his kin, the merry
company returned to their homes, leaving behind them the pole as a
souvenir of their homage. That the seigneur was more than a mere
landlord such an occasion testified.
The seigneurs of New France had the right to hold courts for the
settlement of disputes among their tenantry, but they rarely availed
themselves of this privilege because, owing to the sparseness of the
population in most of the seigneuries, the fines and fees did not
produce enough income to make such a procedure worth while. In a few
populous districts there were seigneurial courts with regular judges
who held sessions once or twice each week. In some others the seigneur
himself sat in judgment behind the living-room table in his own home
and meted out justice after his own fashion. The Custom of Paris
was the common law of the land, and all were supposed to know its
provisions, though few save the royal judges had any such knowledge.
When the seigneur himself heard the suitors, his decision was
not always in keeping with the law but it usually satisfied the
disputants, so that appeals to the royal courts were not common. These
latter tribunals, each with a judge of its own, sat at Quebec, Three
Rivers, and Montreal. Their procedure, like that of the seigneurial
courts, was simple, free from chicane, and inexpensive. A lawsuit in
New France did not bring ruinous costs. "I will not say," remarks the
facetious La Hontan, "that the Goddess of Justice is more chaste here
than in France, but at any rate, if she is sold, she is sold more
cheaply. In Canada we do not pass through the clutches of advocates,
the talons of attorneys, and the claws of clerks. These vermin do
not as yet infest the land. Every one here pleads his own cause. Our
Public-domain text, read in full here on John Shaqi.
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