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 this simple solution, there was a great
and fundamental difference between these two tenures.
The Canadian censitaire had a written title-deed which
stated explicitly the dues and services he was bound to
give his seigneur; the copyholder had nothing of the
kind. The habitant, moreover, had various rights guaranteed
to him by royal decrees. No custom of the manor or
seigneury could prevail against written contracts and
statute-law. But the judges do not seem to have grasped
this distinction; when cases involving disputed obligations
came before them they called in notaries to establish
what the local customs were, and rendered judgment
accordingly. This gave the seigneur a great advantage,
for the notaries usually took their side. Moreover, the
new judicial system was more expensive than the old, so
that when a seigneur chose to take his claims into court
the habitants often let him have judgment by default
rather than incur heavy costs.
During the twenty years following the conquest the
externals of the seigneurial system remained unaltered;
but its spirit underwent a great change. This was amply
shown during the American War of Independence, when the
province was invaded by the Arnold-Montgomery expeditions.
In all the years that the colony had been under French
dominion a single word from any seigneur was enough to
summon every one of his able-bodied habitants to arms.
But now, only a dozen years after the English had assumed
control, the answer made by the habitant to such appeals
was of a very different nature. The authorities at Quebec,
having only a small body of regular troops available for
the defence of Canada against the invaders, called on
the seigneurs to rally the old feudal array. The
proclamation was issued on June 9, 1775. Most seigneurs
responded promptly and called their habitants to armed
service. But the latter, for the most part, refused to
come. The seigneurs threatened that their lands would be
confiscated; but even this did not move the habitants to
comply. A writer of the time narrates what happened in
one of the seigneuries, and it is doubtless typical of
what took place in others. 'M. Deschambaud went over to
his seigneury on the Richelieu,' he tells us, 'and summoned
his tenants to arms; they listened patiently to what he
had to say, and then peremptorily refused to accede to
his demands. At this the seigneur was foolish enough to
draw his sword; whereupon the habitants gave both him
and a few friends who accompanied him a severe thrashing,
and sent them off vowing vengeance. Fearing retaliation,
the habitants armed themselves, and to the number of
several hundred prepared to attack any regular forces
which might be sent against them. Through the discretion
of Governor Carleton, however, who hastened to send one
of his officers to disavow the action of the seigneur,
and to promise the habitants that if they returned quietly
to their homes they would not be molested, they were
Public-domain text, read in full here on John Shaqi.
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