as not associated
with a system of local self-government like that which existed in the
colonies of England. The French king had no desire to see such a
system develop in the colonial dependencies of France. His
governmental system in Canada was a mild despotism intended to create
a people ever ready to obey the decrees and ordinances of royal
officials, over whom the commonality could exercise no control
whatever in such popular elective assemblies as were enjoyed by every
colony of England in North America.
During the French regime the officials of the French government
frequently repressed undue or questionable exactions imposed, or
attempted to be imposed, on the _censitaires_ by greedy or extravagant
seigniors. It was not until the country had been for some time in the
possession of England that abuses became fastened on the tenure, and
retarded the agricultural and industrial development of the province.
The _cens et rentes_ were unduly raised, the _droit de banalite_ was
pressed to the extent that if a _habitant_ went to a better or more
convenient mill than the seignior's, he had to pay tolls to both, the
transfer of property was hampered by the _lods el ventes_ and the
_droit de retraite_, and the claim always made by the seigniors to the
exclusive use of the streams running by or through the seigniories was
a bar to the establishment of industrial enterprise. Questions of law
which arose between the _seigneur_ and _habitant_ and were referred to
the courts were decided in nearly all cases in favour of the former.
In such instances the judges were governed by precedent or by a strict
interpretation of the law, while in the days of French dominion the
intendants were generally influenced by principles of equity in the
disputes that came before them, and by a desire to help the weaker
litigant, the _censitaire_.
It took nearly a century after the conquest before it was possible to
abolish a system which had naturally become so deeply rooted in the
social and economic conditions of the people of French Canada. As the
abuses of the tenure became more obvious, discontent became
widespread, and the politicians after the union were forced at last to
recognize the necessity of a change more in harmony with modern
principles. Measures were first passed better to facilitate the
optional commutation of the tenure of lands _en roture_ into that of
_franc aleu roturier_, but they never achieved any satisfactory
results
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