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 seignior had judicial powers, which, however, were carefully curbed
and controlled. His jurisdiction, when exercised at all, extended in
most cases only to trivial causes. He very rarely had a prison, and
seems never to have abused it. The dignity of a seigniorial gallows with
_high justice_ or jurisdiction over heinous offences was granted only in
three or four instances. *
Four arpents in front by forty in depth were the ordinary dimensions of
a grant _en censive_. These ribbons of land, nearly a mile and a half
long, with one end on the river and the other on
* Baronies and comtés were empowered to set up gallows and
pillories, to which the arms of the owner were affixed. See,
for example, the edict creating the Barony des Islets.
the uplands behind, usually combined the advantages of meadows for
cultivation, and forests for timber and firewood. So long as the
_censitaire_ brought in on St. Martin’s day his yearly capons and his
yearly handful of copper, his title against the seignior was perfect.
There are farms in Canada which have passed from father to son for two
hundred years. The condition of the cultivator was incomparably better
than that of the French peasant, crushed by taxes, and oppressed by
feudal burdens far heavier than those of Canada. In fact, the Canadian
settler scorned the name of peasant, and then, as now, was always called
the _habitant_. The government held him in wardship, watched over him,
interfered with him, but did not oppress him or allow others to oppress
him. Canada was not governed to the profit of a class, and if the king
wished to create a Canadian _noblesse_ he took care that it should not
bear hard on the country. *
Under a genuine feudalism, the ownership of land conferred nobility; but
all this was changed. The king and not the soil was now the parent
of honor. France swarmed with landless nobles, while _roturier_
land-holders grew daily more numerous. In Canada half the seigniories
were in _roturier_ or plebeian hands, and in course of time some of them
* On the seigniorial tenure, I have examined the whole of
the mass of papers printed at the time when the question of
its abolition was under discussion. A great deal of legal
research and learning was then devoted to the subject. The
argument of Mr. Dunkin in behalf of the seigniors, and the
observations of Judge Lafontaine, are especially
instructive, as is also the collected correspondence of the
governors and intendants with the central government on
matters relating to the seigniorial system.
came into possession of persons on very humble degrees of the social
scale. A seigniory could be bought and sold, and a trader or a thrifty
_habitant_ might, and often did become the buyer. * If the Canadian
noble was always a seignior, it is far from being true that the Canadian
seignior was always a noble.
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