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
Many of the seigneurs, when Canada passed under British
control, sold their seigneuries and went home to France.
How great this hegira was can scarcely be estimated with
exactness, but it is certain that the emigres included
all the military and most of the civil officials, together
with a great many merchants, traders, and landowners.
The colony lost those who could best afford to go; in
other words, those whom it could least afford to let go.
The priests, true to their traditions, stood by the colony
in its hours of trial. But whatever the extent and
character of the out-going, it is true that many seigneuries
changed hands during the years 1763-64. Englishmen bought
these lands at very low figures. Between them and the
habitants there were no bonds of race, religion, language,
or social sympathy. The new English seigneur looked upon
his estate as an investment, and proceeded to deal with
the habitants as though they were his tenantry. All this
gave the seigneurial system a rude shock.
There was still another feature which caused the system
to work much less smoothly after 1760 than before. The
English did not retain the office of intendant. Their
frame of government had no place for such an official.
Yet the intendant had been the balance-wheel of the whole
feudal machine in the days before the conquest. He it
was who kept the seigneurial system from developing
abuses; it was his praetorian power 'to order all things
as may seem just and proper' that kept the seigneur's
exactions within rigid bounds. The administration of New
France was a government of men; that of the new regime
was a government of laws. Hence it was that the British
officials, although altogether well-intentioned, allowed
grave wrongs to arise.
The new English judges, not unnaturally, misunderstood
the seigneurial system. They stumbled readily into the
error that tenure en censive was simply the old English
tenure in copyhold under another name. Now the English
copyholder held his land subject to the customs of the
manor; his dues and services were fixed by local custom
both as regards their nature and amount. What more easy,
then, than to seek the local custom in Canada, and apply
its rules to the decision of all controversies respecting
seigneurial claims?
Public-domain text, read in full here on John Shaqi.
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