Lord Elgin eBook

This eBook from the Gutenberg Project consists of approximately 228 pages of information about Lord Elgin.

Lord Elgin eBook

This eBook from the Gutenberg Project consists of approximately 228 pages of information about Lord Elgin.

It was Richelieu who introduced this modified form of the feudal system into Canada, when he constituted, in 1627, the whole of the colony as a fief of the great fur-trading company of the Hundred Associates on the sole condition of its paying fealty and homage to the Crown.  It had the right of establishing seigniories as a part of its undertaking to bring four thousand colonists to the province and furnish them with subsistence for three years.  Both this company and its successor, the Company of the West Indies, created a number of seigniories, but for the most part they were never occupied, and the king revoked the grants on the ground of non-settlement, when he resumed possession of the country and made it a royal province.  From that time the system was regulated by the Coutume de Paris, by royal edicts, or by ordinances of the intendant.

The greater part of the soil of Canada was accordingly held en fief or en seigneurie.  Each grant varied from sixteen arpents—­an arpent being about five-sixths of an English acre—­by fifty, to ten leagues by twelve.  We meet with other forms of tenure in the partition of land in the days of the French regime—­for instance, franc aleu noble and franc aumone or mortmain, but these were exceptional grants to charitable, educational, or religious institutions, and were subject to none of the ordinary obligations of the feudal tenure, but required, as in the latter case, only the performance of certain devotional or other duties which fell within their special sphere.  Some grants were also given in franc aleu roturier, equivalent to the English tenure of free and common socage, and were generally made for special objects.[22]

The seigneur, on his accession to the estate, was required to pay homage to the king, or to his feudal superior from whom he derived his lands.  In case he wished to transfer by sale or otherwise his seigniory, except in the event of direct natural succession, he had to pay under the Coutume de Paris—­which, generally speaking, regulated such seigniorial grants—­a quint or fifth part of the whole purchase money to his feudal superior, but he was allowed a reduction (rabat) of two-thirds if the money was promptly paid down.  In special cases, land transfers, whether by direct succession or otherwise, were subject to the rule of Vixen le francais, which required the payment of relief, or one year’s revenue, on all changes of ownership, or a payment of gold (une maille d’or).  It was obligatory on all seigniors to register their grants at Quebec, to concede or sub-infeudate them under the rule of jeu de fief, and settle them with as little delay as practicable.  The Crown also reserved in most cases its jura regalia or regalitates, such as mines and minerals, lands for military or defensive purposes, oak timber and masts for the building of the royal ships.  It

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Lord Elgin from Project Gutenberg. Public domain.