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)
The obligation of clearing his land and living on it was laid on
seignior and _censitaire_ alike; but the latter was under a variety of
other obligations to the former, partly imposed by custom and partly
established by agreement when the grant was made. To grind his grain at
the seignior’s mill, bake his bread in the seignior’s oven, work for
him one or more days in the year, and give him one fish in every eleven,
for the privilege of fishing in the river before his farm; these were
the most annoying of the conditions to which the _censitaire_ was
liable. Few of them were enforced with much regularity. That of
baking in the seignior’s oven was rarely carried into effect, though
occasionally used for purposes of extortion. It is here that the
royal government appears in its true character, so far as concerns its
relations with Canada, that of a well-meaning despotism. It continually
intervened between _censitaire_ and seignior, on the principle
that “as his Majesty gives the land for nothing, he can make what
conditions he pleases, and change them when he pleases.” * These
interventions were usually favorable to the _censitaire_. On one
occasion an intendant reported to the minister, that in his opinion all
rents ought to be reduced to one sou and one live capon for every arpent
of front, equal in most cases to forty superficial arpents. ** Every
thing, he remarks, ought to be brought down to the level of the first
grants “made in days of innocence,” a happy period which he does not
attempt to define. The minister replies that the diversity of the
rent is, in fact, vexatious, and that, for his part, he is disposed
to abolish it altogether. *** Neither he nor the intendant gives the
slightest hint of any compensation
* This doctrine is laid down in a letter of the Marquis de
Beauharnois, governor, to the minister, 1734.
** Lettre de Raudot, père, au Ministre, 10 Nov., 1707.
*** Lettre de Ponchartrain à Raudot, père, 13 Juin, 1708.
to the seignior. Though these radical measures were not executed, many
changes were decreed from time to time in the relations between seignior
and _censitaire_, sometimes as a simple act of sovereign power, and
sometimes on the ground that the grants had been made with conditions
not recognized by the _Coutume de Paris_. This was the code of law
assigned to Canada; but most of the contracts between seignior and
_censitaire_ had been agreed upon in good faith by men who knew as much
of the _Coutume de Paris_ as of the Capitularies of Charlemagne, and
their conditions had remained in force unchallenged for generations.
These interventions of government sometimes contradicted each other,
and often proved a dead letter. They are more or less active through the
whole period of the French rule.
Public-domain text, read in full here on John Shaqi.
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