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
persuaded to disperse.' [Footnote: Maseres, Additional
Papers concerning the Province of Quebec (1776), pp. 71
et seq.]
As the eighteenth century drew to a close it became
evident that the people were getting restive under the
restraints which the seigneurial system imposed. Lands
had risen in value so that the lods et ventes now amounted
to a considerable payment when lands changed owners. With
the growth of population the banal right became very
valuable to the seigneurs and an equally great inconvenience
to the habitants. Many seigneurs made no attempt to
provide adequate milling facilities. They gave the
habitants a choice between bringing their grain to the
half-broken-down windmill of the seigneury or paying the
seigneur a money fine for his permission to take their
grist elsewhere. New seigneurial demands, unheard of in
earlier days, were often put forth and enforced.
The grievances of the habitants were not mitigated,
moreover, by the way in which the authorities of the
province gave lands to the United Empire Loyalists. These
exiles from the revolted seaboard colonies came by
thousands during the years following the war, and they
were given generous grants of land. And these lands were
not made subject to any seigneurial dues. They were given
in freehold, in free and common socage. The new owners
of these lands paid no annual dues and rendered no regular
services to any superior authority. Their tenure seemed
to the habitants to be very attractive. Hence the influx
of the Loyalists gave strength to a movement for the
abolition of seigneurial tenure--a movement which may be
said to have had its first real beginning about 1790.
It was in that year that the solicitor-general of the
province, in response to a request of the legislative
council, presented a long report on the land-tenure
situation. The council, after due consideration of this
report and other data submitted to it, passed a series
of resolutions declaring that the seigneurial system was
retarding the agricultural progress of the province and
that, while its immediate abolition was not practicable,
steps should be taken to get rid of it gradually. But
nothing came of these resolutions. The Constitutional
Act of 1791 greatly complicated the situation by its
provisions relating to the so-termed 'clergy reserves,'
or reservations of lands for Church endowment, and it
was not until 1825 that the Canada Trade and Tenures Act
opened the way for a commutation of tenures whenever the
seigneur and his habitants could agree. This act was
permissive only. It did not apply any compulsion to the
seigneurs. Very few, accordingly, took advantage of its
provisions.
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