France and England in North America, Part IV: The Old Régime In CanadaParkman, Francis
History
France and England in North America, Part IV: The Old Régime In Canada
Parkman, Francis
Canada -- History -- To 1763 (New France)
* Ferland, Notes sur les Registres de Notre Dame de Québec,
65. This was a fief en roture, as distinguished from a fief
noble, to which judicial powers and other privileges were
attached.
** See the act in Observations de Sir L. H. Lafontaine,
Bart., sur la Tenure Seignetiriale, 217, note.
character, has been truly described as servile in form, proud and
bold in spirit. But in Canada this bold spirit was very far from
being strengthened by the changes which the policy of the Crown had
introduced into the system. The reservation of mines and minerals, oaks
for the royal navy, roadways, and a site, if needed, for royal forts and
magazines, had in it nothing extraordinary. The great difference between
the position of the Canadian seignior and that of the vassal proprietor
of the Middle Ages lay in the extent and nature of the control which the
Crown and its officers held over him. A decree of the king, an edict
of the council, or an ordinance of the intendant, might at any moment
change old conditions, impose new ones, interfere between the lord of
the manor and his grantees, and modify or annul his bargains, past or
present. He was never sure whether or not the government would let him
alone; and against its most arbitrary intervention he had no remedy.
One condition was imposed on him which may be said to form the
distinctive feature of Canadian feudalism; that of clearing his land
within a limited time on pain of forfeiting it. The object was the
excellent one of preventing the lands of the colony from lying waste.
As the seignior was often the penniless owner of a domain three or four
leagues wide and proportionably deep, he could not clear it all himself,
and was therefore under the necessity of placing the greater part in the
hands of those who could. But he was forbidden to sell any part of it
which he had not cleared. He must grant it without price, on condition
of a small perpetual rent; and this brings us to the cultivator of the
soil, the _censitaire_, the broad base of the feudal pyramid. *
The tenure _en censive_ by which the _censitaire_ held of the seignior
consisted in the obligation to make annual payments in money, produce,
or both. In Canada these payments, known as _cens et rente_, were
strangely diverse in amount and kind; but, in all the early period
of the colony, they were almost ludicrously small. A common charge at
Montreal was half a sou and half a pint of wheat for each arpent. The
rate usually fluctuated in the early times between half a sou and two
sous, so that a farm of a hundred and sixty arpents would pay from four
to sixteen francs, of which a part would be in money and the rest
in live capons, wheat, eggs, or all three together, in pursuance of
contracts as amusing in their precision as they are bewildering in their
variety. Live capons,
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