The Seigneurs of Old Canada : A Chronicle of New World Feudalism by William Bennett Munro
page 36 of 119 (30%)
page 36 of 119 (30%)
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way. This way, of course, was by the issue of royal edicts.
Two of these decrees reached the colony in the due course of events. They are commonly known as the Arrets of Marly, and bear date July 11, 1711. Both were carefully prepared and their provisions show that the royal authorities understood just where the entire trouble lay. The first arret went direct to the point. 'The king has been informed,' it recites, 'that there are some seigneurs who refuse under various pretexts to grant lands to settlers who apply for them, preferring rather the hope that they may later sell these lands.' Such attitude, the decree went on to declare, was absolutely repugnant to His Majesty's intentions, and especially 'unfair to incoming settlers who thus find land less open to free settlement in situations best adapted for agriculture.' It was, therefore, ordered that if any applicant for lands should be by any seigneur denied a reasonable grant on the customary terms, the intendant should forthwith step in and issue a deed on his own authority. In this case the annual payments were to go to the colonial treasury, and not to the seigneur. This decree simplified matters considerably. After it became the law of the colony no one desiring land from a seigneur's ungranted domain was expected to offer anything above the customary annual dues and services. The seigneur had no legal right to demand more. By one stroke of the royal pen the Canadian seigneur had lost all right of ownership in his seigneury; he became from this time on a trustee holding lands in trust for the future immigrant and for the sons of the |
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