The obligations imposed upon the seigneurs were not burdensome. No initial payment was asked, and there were no annual rentals to be paid to the Crown. Each seigneur had to render the ceremony of fealty and homage to the royal representative at Quebec. Each was liable for military service, although that obligation was not written into the grant. When a seigneury changed owners otherwise than by inheritance in direct succession, a payment known as the quint (being, as the name connotes, one-fifth of the reported value) became payable to the royal treasury, but this was rarely collected. The most important obligation imposed upon the Canadian seigneur, and one which did not exist at all in France, was that of getting settlers established upon his lands. This obligation the authorities insisted upon above all others. The Canadian seigneur was expected to live on his domain, to gather dependents around him, to build a mill for grinding their grain, to have them level the forest, clear the fields, and make two blades of grass grow where one grew before. In other words, the Canadian seigneur was to be a royal immigration and land agent combined. He was not given his generous landed patrimony in order that he should sit idly by and wait for the unearned increment to come.
Many of the seigneurs fulfilled this trust to the letter. Robert Giffard, who received the seigneury of Beauport just below Quebec, was one of these; Charles Le Moyne, Sieur de Longueuil, was another. Both brought many settlers from France and saw them safely through the years of pioneering. Others, however, did no more than flock to Quebec when ships were expected, like so many real estate agents explaining to the new arrivals what they had to offer in the way of lands fertile and well situated. Still others did not even do so much, but merely put forth one excuse after another to explain why their tracts remained without settlements at all. From time to time the authorities prodded these seigneurial drones and threatened them with the forfeiture of their estates; but some of the laggards had friends among the members of the Sovereign Council or possessed other means of warding off action, so that final decrees of forefeiture were rarely issued. Occasionally there were seigneurs whose estates were so favorably situated that they could exact a bonus from intending settlers, but the King very soon put a stop to this practice. By the Arrêts of Marly in 1711 he decreed that no bonus or prix d'entrée should be exacted by any seigneur, but that every settler was to have land for the asking and at the rate of the annual dues customary in the neighborhood.
At this date there were some ninety seigneuries in the colony, about which we have considerable information owing to a careful survey which was made in 1712 at the King's request. This work was entrusted to an engineer, Gedéon de Catalogne, who had come to Quebec a quarter of a century earlier to help with the fortifications. Catalogne spent two years in his survey, during which time he visited practically all the colonial estates. As a result he prepared and sent to France a full report giving in each case the location and extent of the seigneury, the name of its owner, the nature of the soil, and its suitability for various uses, the products, the population, the condition of the people, the provisions made for religious instruction, and various other matters.[1] With the report he sent three maps, one of which has disappeared. The others show the location of all seigneuries in the regions of Quebec and Three Rivers.
[Footnote 1: This report was printed for the first time in the author's Documents relating to the Seigniorial Tenure in Canada (Toronto: The Champlain Society, 1908).]
From Catalogne's survey we know that before 1712 nearly all the territory on both shores of the St. Lawrence from below Quebec to above Montreal had been parceled into seigneuries. Likewise the islands in the river and the land on both sides of the Richelieu in the region toward Lake Champlain had been allotted. Many of the seigneuries in this latter belt had been given to officers of the Carignan-Salières regiment which had come out with Tracy in 1665 to chastise the Mohawks. After the work of the regiment had been finished, Talon suggested to the King that it be disbanded in Canada, that the officers be persuaded to accept seigneuries, and that the soldiers be given lands within the estates of their officers. The Grand Monarque not only assented but promised a liberal money bonus to all who would remain. Accordingly, more than twenty officers, chiefly captains or lieutenants, and nearly four hundred men, agreed to stay in New France under these arrangements.
Here was an experiment in the system of imperial Rome repeated in the New World. When the empire of the Caesars was beginning to give way before the oncoming Goths and Huns, the practice of disbanding the legions on the frontier so that they might settle there and form an iron ring against the invaders was adopted and served its purpose for a time. It was from these praedia militaria that Talon got the idea which he now transmitted to the French King with the suggestion that "the practice of these sagacious and warlike Romans might be advantageously followed in a land which, being so far away from its sovereign, must trust for existence to the strength, of its own arms." In keeping with the same precedent, Talon located the military seigneuries in that section of the colony where they would be most useful as a barrier against the enemy; that is to say, he placed them in the colony's most vulnerable region. This was the area along the Richelieu from Lake Champlain to its confluence with the St. Lawrence at Sorel. It was by this route that the Mohawks had already come more than once on their errands of massacre, and it was by this portal that the English were likely to come if they should ever attempt to overwhelm New France by an overland assault. The region of the Richelieu was therefore made as strong against incursion as this colonizing measure could make it.
All who took lands in this region, whether seigneurs or habitants, were to assemble in arms at the royal call. Their uniforms and muskets they kept for service, and never during subsequent years was such a call without response. These military settlers and their sons after them were only too ready to rally around the royal oriflamme at any opportunity. It was from the armed seigneuries of the Richelieu that Hertel de Rouville, St. Ours, and others quietly slipped forth and leaped with all the advantage of surprise upon the lonely hamlets of outlying Massachusetts or New York. How the English feared these gentilshommes let their own records tell, for there these French colonials put many a streak of blood and fire.
But not all of the seigneuries were settled in this way, and it was well for the best interests of the colony that they were not. Too often the good soldier made only an indifferent yeoman. First in war, he was last in peace. The task of hammering spears into ploughshares and swords into pruning-hooks was not altogether to his liking. Most of the officers gradually grew tired of their rôle as gentlemen of the wilderness, and eventually sold or mortgaged their seigneuries and made their way back to France. Many of the soldiers succumbed to the lure of the western fur traffic and became coureurs-de-bois. But many others stuck valiantly to the soil, and today their descendants by the thousand possess this fertile land.
What were the obligations of the settler who took a grant of land within a seigneury? On the whole they were neither numerous nor burdensome, and in no sense were they comparable with those laid upon the hapless peasantry in France during the days before the great Revolution. Every habitant had a written title-deed from his seigneur and the terms of this deed were explicit. The seigneur could exact nothing that was not stipulated therein. These title-deeds were made by the notaries, of whom there seem to have been plenty in New France; the census of 1681 listed no fewer than twenty-four of them in a population which had not yet reached ten thousand. When the deed had been signed, the notary gave one copy to each of the parties; the original he kept himself. These scribes were men of limited education and did not always do their work with proper care, but on the whole they rendered useful service.
The deed first set forth the situation and area of the habitant's farm. The ordinary extent was from one hundred to four hundred arpents, usually in the shape of a parallelogram with a narrow frontage on the river, and extending inland to a much greater distance. Every one wanted to be near the main road which ran along the shore; it was only after all this land had been taken up that the incoming settlers were willing to have farms in the "second range" on the uplands away from the stream. At any rate, the habitant took his land subject to yearly payments known as the cens et rentes. The amount was small, a few sous together with a stated donation in grain or poultry to be delivered each autumn. Reckoned in terms of present-day rentals, the cens et rentes amounted to half a dozen chickens or a bushel of grain for each fifty or sixty acres of land. Yet this was the only payment which the habitants of New France regularly made in return for their lands. Each autumn at Michaelmas they gathered at the seigneur's house, their carryalls filling his yard. One by one they handed over their quota of grain or poultry and counted out their cens in copper coins. The occasion became a neighborhood festival to which the women came with the men. There was a general retailing of local gossip and a squaring-up of accounts among the neighbors themselves.