The Seigneurs of Old Canada : A Chronicle of New World FeudalismMunro, William Bennett
History
The Seigneurs of Old Canada : A Chronicle of New World Feudalism
Munro, William Bennett
Feudalism -- History; Land tenure -- Canada -- History
Unfortunately for those most concerned, however, the
royal orders were not allowed to become common knowledge
in the colony. The decree was registered and duly
promulgated; then quickly forgotten. Few of the habitants
seem to have ever heard of it; newcomers, of course, knew
nothing of their rights under its provisions. Seigneurs
continued to get special terms for advantageous locations,
the applicants for lands being usually quite willing to
pay a bonus whenever they could afford to do so. Now and
then some one, having heard of the royal arret, would
appeal to the intendant, whereupon the seigneur made
haste to straighten out things satisfactorily. Then, as
now, the presumption was that the people knew the law,
and were in a position to take advantage of its protecting
features; but the agencies of information were so few
that the provisions of a new decree rarely became common
property.
The second of the two arrets of Marly was designed to
uphold the hands of those seigneurs who were trying to
do right. The king and his ministers were convinced, from
the information which had come to them, that not all the
'cunning and chicane' in land dealings came from the
seigneurs. The habitants were themselves in part to blame.
In many cases settlers had taken good lands, had cut down
a few trees, thinking thereby to make a technical compliance
with requirements, and were spending their energies in
the fur trade. It was the royal opinion that real
homesteading should be insisted upon, and he decreed,
accordingly, that wherever a habitant did not make a
substantial start in clearing his farm, the land should
be forfeited in a year to the seigneur. This arret, unlike
its companion decree, was rigidly enforced. The council
at Quebec was made up of seigneurs, and to the seigneurs
as a whole its provisions were soon made known. During
the twenty years following the issue of the decree of
1711 the intendant was called upon to declare the forfeiture
of over two hundred farms, the owners of which had not
fulfilled the obligation to establish a hearth and home
(tenir feu et lieu) upon the lands. As a spur to the
slothful this decree appears to have had a wholesome
effect; although, in spite of all that could be done,
the agricultural development of the colony proceeded with
exasperating slowness. Each year the governor and intendant
tried in their dispatches to put the colony's best foot
forward; every autumn the ships took home expressions of
achievement and hope; but between the lines the patient
king must have read much that was discouraging.
Public-domain text, read in full here on John Shaqi.
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