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ty enjoins to concede to the said settlers the lands demanded by them in the said Seigniories, for the same dues as are laid upon other lands in the said Seigniories, which dues shall be paid by the new settlers into the hands of the receiver of His Majesty's domain, in the City of Quebec, without its being in the power of the Seigniors to claim from them any dues of any kind whatever,” &c.

The Seignior was required to concede lots at the customary rates, fixed at the maximum of two sous per superficial arpent, without the right of exacting any sum of money or any other condition. (On this see Judgment of the Military Council, Montreal, 1762. Haldimand presiding, and Grey 58. McCallum, 1828.)

Express enactments defined the exact nature and extent of the rights of the grantees of the Crown, and the obligations by them assumed upon their investiture with their several possessions.

The Seigniors were entitled to constitute courts and preside as judges therein in what was called Haute, Moyenne et Basse Justice, which took cognizance of all crimes committed within their jurisdiction, except murder and treason.

The rendering of faith and homage upon change of vassal is described thus :—“Guion (vassal of Gifford. seignior of Beauport) being at the princicipal door placed himself on his knees on the ground, with head bare, and without sword or spurs, said three times these words: ‘Monsieur de Beauport, Monsieur de Beauport, Monsieur de Beauport, I bring you the faith and homage which I am bound to bring you on account of my fief du Boisson, which I hold as a man of faith, of your seigneurie of Beauport, declaring that I offer to pay my seigniorial and feudal dues in their season, and demanding of you to accept me in faith and homage as aforesaid.'

A form of succession duty inured to the Crown, known as quint, amounting to one-fifth of the value of the fief, payable on every mutation of ownership by sale or inheritance; and in some grants conditions were inserted such as the reservation of timber for his Majesty's navy, also of mines and minerals, and of whatever lands which might be found necessary for military purposeg. Here is the source of some anomalies of more recent times in the disposal of Crown timber, as, for instance, limits granted direct by the British government in the days of organized government in Canada.

Such was the condition of tenure in 1763 and by the Treaty of Paris, that year, Britain agreed to preserve to the Canadian subjects all their institutions, laws, usages, and customs. The remarkable delicacy, Bouchette remarks, of the Imperial government on this subject is an instance of the magnanimity of a conqueror that cannot fail to add lustre to the British name, while its recollection must tend to draw the link still closer between the Mother Country and the colony.

This principle is re-stated in the Instructions to Governor Carleton in 1775, but the seigniors are then divested of their judicial powers. The clause is : "it is therefore our will and pleasure, that all lands which now or hereafter may be subject to our disposal, be granted in fief or seigneurie, in like manner as was practiced antecedent to the conquest of the said province, omitting, however, the reservation of any judicial powers or privileges whatever, the properties of which seigneuries or fiefs shall be and remain vested in us, our heirs and successors. The power of the seigrior, however, notwithstanding treaty and Instructions, gradually increased with

the result that the tenants complained of added burdens and encroachments by their superiors. Anomalies cropped up and the whole question formed the subject of trial and enquiry periodically until the abolition of the seignorial system in 1854 (18 Vic., cap. 3). The total quantity of land granted en seigneurie in Canada exceeded twelve million superficial French Arpents, or about 15,390 square miles. The conversion of its tenure into free and common soccage cost upwards of four million dollars.

The following references may be cited as of special importance: The Arrêts of 1686 and 1711, or the arrêts of Marly, from the ordinances of the 8th of May and 16th November, 1727.


Leaving out of consideration the charter of the Hudson's Bay Company as not coming within the scope of the early system of land settlement prevailing in Canada, the Articles of the Capitulation of Montreal in 1760 opened British rule in Canada, that is, in the Province of Quebce, then extending far westward, and under these Articles, pending the peace of 1763, the people were to be governed according to the custom of Paris, and the laws and usages which had been established for the Province; and so far, at least, as the holding of land was concerned, no material change was made under the military regime, 1760-1763. French officers or other persons desiring not to remain under the British flag, or their attorneys for them, had “leave to sell their seignories, houses, and other estates, their moveables and effects, etc., to carry away or send to France the produce thereof, either in bills of exchange, specie, furs, or other returns.' Art. 53. Thus, was British government introduced. The Treaty of Paris, 1763, was followed by the Royal Proclamation, erecting four distinct and separate governments, viz. : Quebec, East Florida, West Florida, and Grenada, being the countries and islands ceded by the treaty.

This Proclamation is our first document with respect to the settlement of the lands of the Crown, and the provisions are :

“We have also thought fit, with the advice of our Privy Council as aforesaid, to give unto the governors and councils of our said three new colonies upon the continent full power and authority to settle and agree with the inhabitants of our said new colonies, or any other person who shall resort thereto, for such lands, tenements and hereditaments as are now or hereafter shall be in our power to dispose of, and them to grant to any such person or persons, upon such terms and under such moderate quit rents, services, and acknowledgments as have been appointed and settled in other colonies, and under such other conditions as shall appear to us to be necessary and expedient for the advantage of the grantees and the improvement and settlement of our said colonies.

And whereas we are desirous upon all occasions to testify our Royal sense and approbation of the conduct and bravery of the officers and soldiers of our armies, and to reward the same. We do hereby command and empower our governors of our said three colonies, and other our governors of our several Provinces on the Continent of North America, to grant with out fee or reward to such reduced officers as have served in North America during the late war, and are actually residing there, and shall personally apply for the same, the following quantities of land, subject at the expiration of ten years to the same quit rents as other lands are subject to in the

Province within which they are granted, as also subject to the same conditions of cultivation and improvement, viz. : To every person having the rank of a field officer...5,000 acres. captain

3,000 subaltern or staff offcer

2,000 non-commissioned officer

200 private man



We do likewise authorize and require the Governors and Commandersin-Chief of all our said colonies upon the continent of North America, to grant the like quantities of land and upon the same conditions to such reduced officers of our navy of like rank as served on board our ships of war in North America, at the times of the reduction of Louisburg and Quebec in the late war, and who shall personally apply to our respective Governors for such grants.

"And whereas it is just and reasonable, and essential to our interest and security of our colonies, that the several nations or tribes of Indians with whom we are connected, and who live under our protection, should not be molested or disturbed in the possession of such parts of our dominions and territories as, not having been ceded to us, are reserved to them, or any of them, as their hunting grounds; we do therefore, with the advice of our Privy Council, declare it to be our Royal will and pleasure that no Governor or Commander-in-Chief in any of our colonies of Quebec, East Florida, or West Florida, do presume upon any pretence whatever to grant warrants of survey, or pass any patents for lands beyond the bounds of their respective governments as described in their Commissions; as also that no Governor or Commander-in-Chief of our other colonies or plantations in America do presume for the present, and until our further pleasure be known, to grant warrants of survey, or pass any patents for lands beyond the heads or sources of any of the rivers which fall into the Atlantic Ocean from the west or northwest; or upon any lands whatever which, not having been ceded to or purchased by us, as aforesaid, are reserved to the said Indians or any of them.

"And we do further declare it to be our Royal will and pleasure, for the present as aforesaid, to reserve under our sovereignty, protection, and dominion, for the use of the said Indians, all the land and territories not included within the limits of the territory granted to the Hudson's Bay Company; as also the land and territories lying to the westward of the sources of the rivers which fall into the sea from the west and northwest as aforesaid; and we do hereby strictly forbid, on pain of our displeasure, all our loving subjects from making any purchases or settlements whatever, or taking possession of any of the lands above reserved, without our special leave and license for that purpose first obtained,

"And we do further strictly enjoin and require all persons whatsoever, who have either wilfully or inadvertently seated themselves upon any lands within the countries above described, or upon any other lands which, not having been ceded to or purchased by us, are still reserved to the said Indians as aforesaid, forth with to remove themselves from such settlements.

"And whereas great frauds and abuses have been committed in the purchasing lands of the Indians, to the great prejudice of our interests and to the great dissatisfaction of the said Indians; in order, therefore, to prevent such irregularities for the future, and to the end that the Indians may

be convinced of our justice and determined resolution to remove all reasonable cause of discontent, we do, with the advice of our Privy Council, strictly enjoin and require that no private person do presume to make any purchase from the said Indians of any lands reserved to the said Indians within those parts of our colonies where we have thought proper to allow settlement; but that, if at any time any of the said Indians should be inclined to dispose of the said lands, the same shall be purchased only for us, in our name, at some public meeting or assembly of the said Indians, to be held for that purpose by the Governor or Commander-in-Chief of our Colony respectively, within which they shall lie; and, in case they shall be within the limits of any proprietaries, conformable to such directions and instructions as we or they shall think proper to give for that purpose; and we do, by the advice of our Privy Council, declare and enjoin that the trade of the said Indians shall be free and open to all our subjects whatever, provided that every person who may incline to trade with the said Indians, do take out a license to carry on such trade, from the Governor or Commander-in-Chief of any of our Colonies respectively, where such person shall reside, and also give security to observe such regulations as we shall at any time think fit, by ourselves or commissaries to be appointed for this purpose, to direct and appoint for the benefit of the said trade; and we do hereby authorize, enjoin and require the Governors and Commandersin Chief of all our colonies respectively, as well those under our immediate government as those under the government and direction of proprietaries, to grant such licenses without fee or reward, taking special care to insert therein a condition that such licence shall be void, and the security forfeited, in case the person to whom the same is granted shall refuse or neglect to observe such regulations as we shall think proper to prescribe, as aforesaid."

The documents (relating to the tenure of land, etc.) subsequent to 1760, will be the readier understood, if the names of the high officials in Canada, down to the creation of the Provinces of Lower and Upper Canada, and the periods of their service, are placed before the reader. Until 1763 General Jeffery Amherst was Commander in Chief of the Forces. At the capitulation of Montreal be divided the Province into three Districts, for each of which he appointed a Governor, and as a medium of easy intercourse with the French Canadians, each Governor was supplied with a Franco-Swiss Secretary. The Districts

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QUEBEC, General James Murray, Governor, 1760 to Aug. 1763, and M. Cramahe,

Secretary General Murray formed a Military Council of seven army

officers to assist him.
THREE RIVERS, Col. Ralph Burton, Governor 1760 to May, 1762); Col. Fred.

Haldimand, May, 1762, to March, 1863, Acting Governor; Col. Ralph
Burton, March, 1763, to October, 1763 ; Col. Fred. Haldimand, October,

1763, to August, 1764 ; and M. Bruyères, Secretary.
MONTREAL, General Thomas Gage, 1760, to October, 1763. Secretary, M.

Mathurin. Gage left Montreal in October, 1763, when Col. R. Burton

succeeded him. The Treaty of Paris, signed on the 10th of February, 1763, was proclaimed on the

7th October ; on the 21st October General Murray was appointed GovernorGeneral of Canada, and assumed office on the 10th of August, 1764.


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The office of Chief Justice was filled by Wm. Gregory, and that of Attorney

General by George Suckling, two civil officers sent from Britain. They

continued in office until 1766. Col. Burton was succeeded at Three Rivers (Oct. 1763) by Haldimand.

July, 1764, Burton resigned the governorship at Montreal and then the position of Governor at Montreal and Three Rivers was abolished, the com

mand of the garrisons devolving on the officer next in rank.
Governor-General Murray reconstructed his council thus :
The Chief Justice, Attorney General, Col. Paulus Aemilius Irving; Hector

Theophile Cramabe (both latter of whom were in the former Council),
Adam Mabane, Walter Murray, Captain Samuel Holland, Benjamin Price,

Thomas Dunn, and François Mounier.
Lewis Cramahe was Secretary to the Governor General.
Captain Samuel Holland was appointed Surveyor General of the Province.
Governor General Murray sailed from Quebec on the 28th June this year and

left the Administration in the Administration with Col. Paulus Aemilius
Irving, Senior Councillor. Thomas Mills was admitted a Councillor and
appointed Receiver General, and John Collins, Deputy Surveyor General,
and Deputy Surveyor of Roads. Wm. Hey, succeeded as Chief Justice, and

Francis Maseres, as Attorney General.
Brig. General Guy Carleton was appointed Lieut.-Governor, and Acting Gover-

nor General, beginning on the 24th September. The Council was then

composed of :
Wm. Hey, Chief Justice,
Charles Stewart, Superintendent General,
H. T. Cramahe, John Goldfrap, Thomas Mills, Samuel Holland, Walter Murray,

Thomas Dunn, François Mounier, Benjamin Price, James Cuthbert.
Lieutenant Governor Carleton was appointed Governor General on the 12th of

April, 1768, and assumed office on the 25th of October.
Attorney General Maseres left for Britain, resigning his position in Canada, and

was femporarily succeeded by Mr. Kneller who had acted as Administrator

of the estates of the Jesuits, who in turn was succeeded by Wm. Grant. Governor General Carleton left for Britain on leave of absence, in August, and

Hector Theophile Cramahe was appointed Administrator, and in the follow-
ing year, Lieutenant Governor. He had served as Councillor since Murray's
Military Council and had relieved Haldimand as Governor at Three Rivers,
and had been sent to London to report on the condition of the Province.

He was then Senior Member of Council.
Governor General Carleton returned to Canada on the 18th September and

assumed office.
On the 17th of August Governor General Carleton established the Legislative

Council under the Act of 1774. It met for the first time on this day and was

constituted as follows:
H. T. Cramahe, Lieutenant Governor; William Hey, Chief Justice; Hugh

Finlay, Thomas Dunn, James Cuthbert, Colin Drummond, François Leveque,
Edward Harrison, John Collins, Adam Mabane, Pecandy de Contrecæur,
Roch St. Ours Lechaillons, Charles François Lanaudiere, George Pownall,
George Allsopp, St. Luc de la Corne, Joseph G. Chaussegros de Lery,
Alexander Johnson, Conrad Gugy, Picotte de Belestre, Des Bergers de

Riganfield, John Fraser.
Jenkin Williams, Secretary, of the Executive and Privy Council.
Mr. Livins was appointed Chief Justice to succeed Wm. Hey, who had resigned

in 1775. He arrived in 1777.
On the 27th June, 1776, Governor General Carlton resigned, but was not relieved

of office until the 27th of June, 1778, when he was replaced by General Haldimand.

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