Seigneurial system of New France
The manorial system of New France, known as the seigneurial system, was the semi-feudal system of land tenure used in the North American French colonial empire. Economic historians have attributed the wealth gap between Quebec and other parts of Canada in the 19th and early 20th century to the persistent adverse impact of the seigneurial system.
Both in nominal and legal terms, all French territorial claims in North America belonged to the French king. French monarchs did not impose feudal land tenure on New France, and the king's actual attachment to these lands was virtually non-existent. Instead, landlords were allotted land holdings known as manors and presided over the French colonial agricultural system in North America.
The first grant of manorial land tenure in New France was awarded to Jean de Biencourt de Poutrincourt et de Saint-Just in 1604, with the Seigneury of Port-Royal in Acadia. This grant was reaffirmed by King Henry IV of France on February 25, 1606.
Expansion of seigneurial system
In 1628, Cardinal Richelieu expanded the Seigneurial system through the newly formed Company of One Hundred Associates which included all lands between the Arctic Circle to the north, Florida to the south, Lake Superior in the west, and the Atlantic Ocean in the east. In exchange for this vast land grant and the exclusive trading rights tied to it, the Company was expected to bring two to three hundred settlers to New France in 1628, and a subsequent four thousand during the next fifteen years. To achieve this, the Company subinfeudated almost all of the land awarded to it by Cardinal Richelieu — that is, parceled it out into smaller units that were then run on a feudal-like basis and worked by habitants.The lands were arranged in long narrow strips called seigneuries or fiefs along the banks of the St. Lawrence River, its estuaries, and other key transit features. This physical layout of manorial property developed as a means of maximizing ease of transit, commerce, and communication by using natural waterways and the relatively few roads. A desirable plot had to be directly bordering or in very close proximity to a river system, which limited plot-expansion to one of two directions—left or right.
Despite the official arrangement reached between Cardinal Richelieu and the Company of One Hundred Associates, levels of migration to French colonies in North America remained extremely low. The resulting scarcity of labour had a profound effect on the system of land distribution and the habitant-seigneurial relationship that emerged in New France.
King Louis XIV instituted a condition on the land, stating that it could be forfeited unless it was cleared within a certain period of time. This condition kept the land from being sold by the seigneur, leading instead to its being sub-granted to peasant farmers, the habitants.
When a habitant was granted the title deed to a lot, he had to agree to accept a variety of annual charges and restrictions. Rent was the most important of these and could be set in money, produce or labour. Once this rent was set, it could not be altered, neither due to inflation nor time. A habitant was essentially free to develop his land as he wished, with only a few obligations to his seigneur. Likewise, a seigneur did not have many responsibilities towards his habitants. The seigneur was obligated to build a gristmill for his tenants, and they in turn were required to grind their grain there and provide the seigneur with one sack of flour out of every 14. The seigneur also had the right to a specific number of days of forced labour by the habitants and could claim rights over fishing, timber and common pastures.
Though the demands of the seigneurs became more significant at the end of French rule, they could never obtain enough resources from the rents and fees imposed on the habitants alone to become truly wealthy, nor leave their tenants in poverty. Habitants were free individuals; seigneurs simply owned a "bundle of specific and limited rights over productive activity within that territory". The seigneur–''habitant'' relationship was one where both parties were owners of the land, who split the attributes of ownership between them.
Geographic characteristics
Estates in free socage were the most macro-level of land division in New France but, within them, there existed several tenurial subdivisions. Immediately below the level of free socage was that of the villeinage. Throughout New France, several thousand estates in villeinage were developed. Furthermore, these villein tenancies were remarkably uniform in terms of size. Barring extreme cases, it is estimated that around 95% of all villein estates were between in size, though most were likely 120 arpents or less. Estates of less than 40 square arpents were considered to be of little value by villein socagers.To maximize simplicity when surveying, estates in villein socage were almost invariably distributed in rectangular plots following a rowed system, wherein the first row bordered the river, and was the first to be filled, followed by the second behind it and so on. Typically, the proportions of such rectangles coincided with the ratio of 1:10 for width and length, respectively. However, extremes all the way up to 1:100 are known to have occurred. This method of land division confers obvious advantages in terms of easy access to transportation and cheap surveying, but also allowed socagers to live remarkably close to families on neighboring plots—often within a few hundred yards—creating something of a proto-neighborhood.
Although legislation and enforcement varied depending on the period and administration, a socager's rights of entitlement to their villeinage could not be revoked as long as they paid their duties and fees to the lord of the manor and satisfied the requirements of tenir feu et lieu. This stipulated that they were obliged to improve their landholdings or these would be confiscated. By ordinance of the Intendant in 1682, a socager could not hold more than two villeinages.
Types of tenure
The lord of the manor rented most of the land to tenants, known as censitaires or habitants, who cleared the land, built houses and other buildings, and farmed the land. A smaller portion of the land was kept as a demesne which was economically significant in the early days of settlement, though less thereafter. Manorial land tenure in New France differed somewhat from its counterpart in France; the manorial lords of New France were not always nobles, though many were. Fiefs in North America were granted to military officers and – as in France – many were owned by the Catholic clergy. However, the system was feudal in the sense that there was a clear displacement of wealth happening from tenants to their landlords, which was not at all based on market forces, but rather a system institutionalized by the crown.| Type | Description |
| noble allod en franc aleu noble | A type of freehold estate in land which, if held by an individual, conferred the status of nobility. Such lands were given without any consideration other than rendering fealty and homage. Only two allodial grants were made in New France, both to the Jesuit Order. |
| allod en franc aleu roturier | Similar to en franc aleu noble, without conferring nobility. This freehold estate was exempt from all burdens and subject to no feudal rights or incidents of any kind. |
| frankalmoin en franche aumône | Granted to religious, educational or charitable institutions. In addition to rendering fealty and homage, tenants were bound to perform specified services in return for the grant. |
| fief, free socage en fief | The form under which fiefs were created. It was subject to certain conditions:
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| sub-fiefen arrière-fief | Where a vassal chose to subdivide his fief into smaller units. A subtenant owed his obligations to a vassal instead of directly to the Crown. |
| villeinage, villein socage en censive or en roture | The type of tenancy held by a socager in return for paying certain duties to the lord. Villein socagers were referred to as censitaires. The dues were of various natures:
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In order to preserve each of the heirs' access to the river or road, the land would be divided lengthwise, resulting in narrower and narrower lots. In response to these increasingly subdivided farm plots and the issues of diminishing agricultural productivity associated with them, the Governor and the Intendant of New France petitioned the King in 1744 to issue a new ordinance rectifying the matter. The King responded by requiring the minimum plot size which a villein socager might cultivate or reside to be one arpent and a half of frontage by 30–40 arpents in depth. A final characteristic of villeinage is that the size of the fief typically varied in direct proportion with its distance from the nearest town, while its population density varied inversely.
Elsewhere this kind of property inheritance law often led to fragmentation of estates. However, the subsistence level farming of many of the villein socagers in New France made fragmentation impossible and so it was common practice for one heir to buy out the others' land, keeping estates in more or less one piece. It is also worth noting that anything but direct inheritance meant the property might be subject to the entry fine of 1/12th of the value of the property due to the lord.