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35 Seigniorial Tenure

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35. SEIGNIORIAL TENURE. The sys tem of Seigniorial Tenure was that system of public and private relations based upon the tenure of land which the French government undertook, during the course of the 17th and 18th centuries, to introduce into its North American colonies, and more especially into the colony of New France, now Canada. The sys tem of feudal — or as in its later stages it came to be called — seigniorial tenure, was deeply rooted in France, and it is easy to understand how its introduction into the colonies appealed to Richelieu as a means of providing estates for many of the landless aristocrats of France. Moreover as feudalism was now so far ad vanced in decay as to be no longer a menace to the central power, it is easy to see how the system appealed to the Bourbon monarchs as likely to permit, in the colonies, of that cen tralization of authority which characterized France at this time.

As regards Canada, the seigniorial system had its origin in 1627 when the French King granted to the Company of New France, more commonly known as the Company of One Hundred Associates, the whole of the French possessions in North America as one immense fief with full power to sub-grant it in seign iories to settlers. During the whole 35 years of its existence, however, this company de voted almost its entire attention to the develop ment of the lucrative fur trade; very few settlers were sent out to the colony, with the result that while over 60 in extenso grants of seigniories were made, almost none at all were ever taken possession of by the grantees. But in 1663 the company was compelled to sur render its charter and extensive territorial rights, the Crown taking into its own hands the supervision of colonial affairs and providing New France with a royal government corre sponding roughly to that established in the French provinces at home. From this time on settlers came in increasing numbers; power was given the colonial governor and intendant to make grants of seigniories subject to royal ratification, and during the last quarter of the 17th century these were made freely. In no case were grants made to absentees; each ap plicant for a seigniorial grant had to prove himself a bona-fide colonist. Large numbers

of the settlers were sent over at the royal ex pense and once in the colony, every induce ment was given them to remain. Even the detachments of French regular troops sent out to the colony were disbanded there and both officers and men were encouraged, by liberal grants both of land and money, to become permanent residents of New France.

As to the size of the seigniories granted, there was no fixed rule: they varied from small plots containing a few square arpents to huge tracts 10 by 12 leagues in area. Much de pended on the occupied by the settler before his immigration to the colony and upon the available means which he had for the de velopment of his grant. But whatever the area of the grants, they almost invariably assumed the same shape,— that of a parallelogram with the shorter end fronting on the river. On re ceiving his grant the new seignior was under obligation to repair at once to the Château de Saint Louis in Quebec, there to render his fealty and homage to the governor as the representative of the Crown. Within the next 40 days he was required to file with the registrar-general his awes et denombryment, or statement showing clearly the location, extent and nature of his seigniory. A similar state ment containing full information regarding the development of the holding was required every time the seigniory changed owners. No pay ment was exacted from the seignior in return for the original grant, but an exaction known as the quint became payable on each mutation of ownership by sale, gift or inheritance other than in direct succession. This amounted to one-fifth of the estimated value of the seign iory, but of this amount it was the custom of the Crown to give a rebate of one-third. As the seigniories increased in value very slowly this burden was never an onerous one. In making the grants, the authorities usually re served the right of taking, from the granted seigniories, such locations as might at any time be found necessary for the construction of fortifications or other public works, such oak and pine timber as might be found suitable for use in the royal shipyards and the right to a share in all mines and mineral deposits found in the seigniory.

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