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Criminal justice in New France

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63:). If the suspect was identified with certainty during this hearing, they were ordered to appear in court and were suspended from their occupational duties. Due to the poor state of detention facilities, trials were often conducted with great haste to avoid prisoners escaping. In similar fashion, there was a risk of having charges dropped so interrogations under oath with the accused were conducted within 24 hours. A transcript of the interrogation was recorded by a clerk and forwarded to the attorney-general who offered recommendations on how the case be dealt with. 142:. Few judges in New France had formal training and only the attorney-general of the Sovereign Council was legally required to be a member of the Paris bar. Even though most judges were not professionally trained, they still read and observed the laws carefully and very few people questioned their competence or merit. Many French immigrants with law degrees were recruited as judges; however, a large number of judges were also trained by high-ranking judicial officials in 1844: 399:, were generally dealt with more harshly. The court and/or the attorney-general was tasked with devising an appropriate punishment for an offender. The severity of the punishment hinged on the social status of the accused, the severity of the crime, the probability of being guilty and the amount of contrition shown. For most matters, the 440:
The execution rate of those who were convicted of a capital offense was relatively low. Out of 78 convicted offenders, only 41 of them (53%) were eventually put to death. The job of the public executioner was loathed, and often convicted offenders could escape the death penalty if they agreed to take
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Depending on the result of the "extraordinary procedure" the attorney-general could order for the accused to be tortured. In the hopes of either extracting a confession or learning about potential accomplices, the accused was brought to the court and was tortured under the supervision (theoretically)
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before seven magistrates. Any further appeals were directed to the king's court in Paris where the French monarchy was capable of acquitting even the most serious crimes. Though this was possible, in practice, few cases reached this stage and only seven monarchical pardons were granted prior to 1760.
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The sale of alcohol to Native peoples was prohibited as it was deemed detrimental to the missionary effort. These laws were later amended in 1710 so that a select few establishments could sell Natives alcohol under certain conditions: they could not get drunk and must have been supplied with a place
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mostly due to the harsh climate and geography, as well as the various native settlements, all of which made it very difficult to cross into foreign territory. Punishment for desertion varied depending on the year as the King altered legal policy as he saw fit. Military members convicted of desertion
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Desertion was seen as the most serious offense a member of the military could commit. It was considered to be most dishonourable as it was seen as not only cowardly but also a refusal to fight for king and country. Despite it being a more prevalent problem in Europe, desertion was not very common in
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Crime was disproportionately committed by men (80% of accusations). Montreal and Quebec were home to many young, unmarried men, particularly soldiers, and this demographic which accounted for a quarter to a half of the total crime in the Saint-Laurence Valley. The majority of crimes that took place
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was a severe form of punishment in France and New France which required the offender to be stripped naked and led around town by a group of soldiers. The offender would then be adorned with a sign detailing the nature of his crime(s) and was forced to repent to God and the King of France in public.
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if caught. The sale of alcohol to Native Americans was always a contested issue due to various incidents where drunk Natives caused strife including insulting a priest, disturbing the peace and even murder. In most cases no charges were laid, but in the rare incidents in which Native Americans were
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Court records indicate that natives were, for the most part, excluded from French laws and were seldom subject to standard criminal procedure. While they were theoretically under the jurisdiction of French law, they enjoyed a fair deal of independence and for the most part rejected French law as a
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in 1703. Lieutenant Goutin ordered the arrest of the soldiers allegedly involved in the embezzlement, but then decided to release them. A similar incident happened again soon after; the Lieutenant ordered the arrest of the alleged thieves again, and this time, he also ordered a burning wick to be
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between 1670 and 1760. Of these, 332 (84%) were tried in Montreal. The large majority of these trials took place after 1700 with various spikes occurring due to a variety of factors such as a series of fires in 1713, 1721, and 1734 which resulted in political pressure that resulted in a harsher
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had sanctioned the use of torture were the courts allowed to proceed. Confessions obtained through torture were insufficient to warrant the death penalty and were otherwise invalid unless repeated by the accused following their recovery. Despite its potential appeal to prosecutors, torture as a
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Minor crimes were often delegated to seigneurial courts where fines of up to 500 livres could be handed down. The seigneurial courts, would often then take the liberty of modifying their legislation to reflect trends in crime and would adopt measures for more effective punishments. More serious
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Military members who committed crime in New France were in most cases subject to a separate branch of criminal legislation. Military personnel accounted for a roughly a third of the reported crime and were accused of a variety of crimes ranging from property crimes to violent crimes as well as
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from a fellow soldier, the convicted man was forced to "run the gauntlet" which entailed running between two rows of soldiers who would proceed to strike the soldier in the back with the butt-end of their muskets before he was forced to renew his oath to the French flag in front of his fellow
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Punishment for military members varied depending on the crime that was committed. Minor crimes were investigated by senior officers and disciplined with military sanctions if found guilty. Punishment was often eight to fifteen days in the dungeon. In more severe cases of minor crimes, such as
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Not many records can be found about criminal procedures in Acadia as its judicial archives were burnt down entirely in 1708. That being said, there were surviving records of Mathieu de Goutin, then Civil and Criminal Lieutenant (le lieutenant civil et criminel) of Acadia, trying soldiers who
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Although technically under the jurisdiction of the French, upon being accused of a crime, most Native Americans were not punished under French law but were instead handed over to their tribes to be dealt with through Aboriginal justice. In regards to Native American crime in New France, the
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Military officers were also subject to both military and civilian courts if necessary but were given more privileges than others. They were permitted to wear their swords in court and were given more favourable and honourable sentences if convicted. They were also not to be subjected to the
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Despite having separate tribunals for members of the military, if one were to commit a serious crime, they would be subject to the same proceedings as civilians. Once accused, a member of the military had to appear before a court that was presided by a judge who was assisted by a "special
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were either sentenced to death (with being shot the most common form of execution) or sentenced to the galley where their heads would be shaved and faced having both their cheeks branded and their ears and nose slit. Those who succeeded in deserting were tried
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made use of "torture boots" which were wooden planks fastened between the knee and ankle. The torturer would then drive wooden wedges between the planks and the shin, which tightened the planks and significantly increased the level of pain.
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After opportunities for appeals had been exhausted and the accused was deemed guilty, a sentence was handed down by the judge. Prescribed punishments varied widely and, depending on the offense, could range from a light reprimand
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began to be charged for crimes such as blasphemy, drunkenness and failing to attend Mass. As New France progressed, its legal institutions became more advanced. Promulgated across the France and the French Empire in 1670, the
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which allowed them to be released but stipulated that they may be tried again in light of new evidence. If the accused was found guilty, they were brought to court to hear their sentence. All sentences more severe than an
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accounted for approximately 64% of the total crime in the colony. This is partly due to its proximity to Native settlements as well as housing a population that was more conducive to crime. This population included the
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Overall, crime rates in New France were low. Despite only 20% of the population living in an urban setting, cities accounted for over 60% of reported crime. Out of the three jurisdictions in the Saint-Laurence Valley,
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An execution was in theory, intended to take place at the same location that the crime was committed. Given the impracticality of this and the reluctance of boatmen to transport a hangman, most executions occurred in
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with another 90 cases accounting for the illegal sale of alcohol to natives, as well as 49 cases of illegal sale to the English colonies. This is contrasted to a relatively low number of violent crimes such as
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treatment of criminals. These issues in combination with a 50% increase in population between 1670 and 1760 gave rise to a substantial increase in criminal proceedings in the Saint-Laurence Valley.
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also provided for the use of torture as one way of extracting confessions in serious cases; torture was also used to induce the accused to name accomplices. Lawyers were not allowed to practice in
453:'s lone hangman. An individual's status would also influence their method of execution. Nobles were beheaded while the average citizen of New France was sentenced to the gallows. The 1482: 461:, a slave accused and convicted of arson, the Sovereign Council had ordered that she be hanged prior to being burned at the stake as a way of affording her a more humane end. 351:
In cases where French citizens committed crimes against Aboriginal peoples, they were punished under the French legal code and the victim was compensated accordingly.
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placed between the arrested soldiers' fingers. It was recorded that when the Governor of Acadia visited Versailles, the King said he was "horrified by such cruelty".
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on that role. In 1665, Jacques Daigre was sentenced to death for theft and managed to avoid being executed by agreeing to testify against and execute his associate.
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crimes automatically necessitated "recollement," a procedure which allowed the accused to challenge witnesses and for the latter to confirm their testimonies. The
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In addition to the humiliation, the offender was often berated by the crowd and soldiers alike and may have indeed been flogged and branded. In some cases, the
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Aboriginal peoples were often the targets of crime. When they were the perpetrators, it was mostly due to an infraction related to illegally buying alcohol.
395:. Crimes such as rape, abortion and counterfeiting were some of the most heavily punished offenses and crimes that were committed at night, especially 426:
was incorporated into a larger ceremony for corporal punishment, whereby the offender would be executed upon the completion of their public penance.
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As opposed to France which required its judges to be university law graduates, there was no requirement for judges to have formal legal training in
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Once the local judge was convinced that a criminal offense had occurred, he summoned any potential witnesses and held a preliminary hearing (
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lieutenant." The accused represented himself and was forced to defend himself against the accusations brought forth by the prosecutor.
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Dickinson, John A. (1996). "New France: law, courts, and the Coutume de Paris, 1608–1760". In DeLloyd Guth (ed.).
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convicted of drunken conduct, they faced a reduced fine of a few livres or a few days in prison to sober up.
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was no stranger to criminal activity from its very roots. In 1608, shortly after the founding of Quebec,
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Vachon, Claude (1974). "Louis-Guillaume Verrier". In Francess G. Halpenny; André Vachon (eds.).
279:) which was an internal tribunal that was made up of officers of the same corps as the accused. 1777: 1762: 1403: 1330: 1310: 1285: 1225: 1176: 1144: 993: 475: 209:
were related to property and sales. Nearly a quarter (96 out of 396) of documented crimes were
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executed Jean Duvel for allegedly leading a conspiracy against him. By 1636, the citizens of
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and had their sentences both read out to the members of the army as well as posted publicly.
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was also capable of altering the sentence of one who was sentenced to death. In the case of
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was less severe than lower-level jurisdictions and few crimes received the death sentence.
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was integral to the successful establishment of a French colonial system in North America.
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placed a large emphasis on deterring crimes and did so in part by implementing exemplary
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and records only indicate eight instances of criminal trials which resulted in torture.
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Grabowski, Jan (1996). "French criminal justice and Indians in Montreal, 1670–1760".
977: 275:. After committing a crime, members of the military were subject to the War Council ( 1290: 1819: 1698: 1648: 1588: 1388: 1378: 1237: 1060:. Collection Mouvange. Vol. 9. Moncton, New Brunswick: UniversitĂ© de Moncton. 412: 189: 1058:
Le lieutenant civil et criminel: Mathieu de Goutin en Acadie Française (1688–1710)
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If the attorney general was still undecided, the accused was given a sentence of
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The historian Eric Wenzel analyzed the records of 396 trials from courts in
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provided a foundation for New France's criminal procedures and punishments.
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La justice criminelle en Nouvelle-France (1670–1760): Le Grand Arrangement
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of a doctor and two surgeons. The conventional torture method in
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if they broke these rules. Unauthorized vendors were fined 500
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In Search of Empire: The French in the Americas (1670–1730)
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allegedly embezzled money from the reserves of Governor
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followed the inquisitorial procedure detailed by the
176: 1079:. Dijon, France: Éditions Universitaires de Dijon. 704: 702: 700: 698: 339:to sleep for the night. The cabarets were fined 50 1860: 695: 673: 671: 933: 931: 929: 646: 644: 642: 640: 391:became the most popular forms of punishment in 627: 625: 623: 621: 619: 617: 615: 613: 583: 581: 579: 577: 575: 573: 571: 569: 556: 554: 552: 550: 537: 535: 533: 531: 506: 504: 502: 500: 104:—where New France's sole hangman was located. 1110: 1018:. Cambridge, UK: Cambridge University Press. 668: 1055: 926: 865: 863: 708: 689: 637: 787: 785: 783: 781: 779: 777: 610: 600: 598: 596: 566: 547: 528: 497: 234:(5 counts). Other crimes reported include; 153: 126:method of interrogation was seldom used in 1117: 1103: 1013: 990: 962: 953: 937: 917: 860: 851: 836: 821: 806: 791: 756: 677: 650: 631: 587: 560: 541: 510: 170:Jacques-François de Monbeton de Brouillan 774: 593: 974:The French in North America (1500–1783) 1861: 1074: 1032: 971: 905: 893: 881: 869: 768: 744: 732: 720: 662: 604: 522: 1359:List of French forts in North America 1098: 39: 1140:French colonization of the Americas 406: 13: 956:Daily Life in New France: Soldiers 14: 1890: 481:The Custom of Paris in New France 265: 177:Prevalence of crime in New France 107: 1843: 1842: 1768:Military history of the Acadians 1516:Seigneurial system of New France 1039:Dictionary of Canadian Biography 429: 1192:History of the French-Americans 946: 911: 899: 887: 875: 845: 830: 815: 800: 762: 750: 738: 726: 714: 683: 371:, and sending criminals to the 359:The criminal justice system of 329: 89:Sovereign Council of New France 1521:Criminal justice in New France 1150:Timeline of New France history 1124: 1056:Vanderlinden, Jacques (2004). 656: 516: 56:if the accused was acquitted. 17:Criminal justice in New France 1: 1511:Custom of Paris in New France 972:Eccles, William John (1998). 491: 354: 305: 7: 965:Canada's Legal Inheritances 464: 159:means to punish their own. 10: 1895: 1458:Governor of Trois-Rivières 476:Legal issues of New France 433: 410: 309: 50:Criminal Ordinance of 1670 34:Criminal Ordinance of 1670 1838: 1810:Expulsion of the Acadians 1755: 1719: 1624: 1601:Company of 100 Associates 1571: 1503: 1427: 1414:Fort St. Louis (Illinois) 1351: 1261: 1200: 1132: 1014:Pritchard, James (2004). 299:Extraordinary Questioning 162: 133: 87:could be appealed to the 69:"extraordinary procedure" 1805:French and Iroquois Wars 154:Trials involving natives 1879:Legal history of Canada 1815:Great Peace of Montreal 1616:Compagnie de l'Occident 1187:History of the Acadians 148:Louis-Guillaume Verrier 1763:Military of New France 1689:Gens de couleur libres 1419:Fort St. Louis (Texas) 1404:Fortress of Louisbourg 1228:(1682–1763, 1801–1803) 1145:French colonial empire 459:Marie-Joseph AngĂ©lique 1075:Wenzel, Eric (2012). 1463:Governor of Montreal 1369:Fort Michilimackinac 1177:1763 Treaty of Paris 260:disturbing the peace 1869:French criminal law 1611:Mississippi Company 709:Vanderlinden (2004) 690:Vanderlinden (2004) 471:French criminal law 292:military brethren. 44:Criminal trials in 25:Samuel de Champlain 1783:King William's War 1778:Intercolonial Wars 954:Anonymous (2011). 436:Capital punishment 365:public punishments 80:plus ample informĂ© 40:Criminal procedure 1856: 1855: 1793:King George's War 1773:Acadian Civil War 1720:Missionary groups 1711:Intellectual life 1448:Sovereign Council 1182:History of Quebec 1086:978-2-36441-018-3 1025:978-0-521-82742-3 983:978-0-8701-3484-5 455:Sovereign Council 401:Sovereign Council 277:Conseil de Guerre 123:Sovereign Council 1886: 1846: 1845: 1825:Schenectady Raid 1798:Seven Years' War 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1271: 1270: 1268: 1266: 1260: 1254: 1251: 1249: 1246: 1244: 1241: 1239: 1236: 1233: 1230: 1227: 1224: 1221: 1218: 1215: 1212: 1209: 1206: 1205: 1203: 1199: 1193: 1190: 1188: 1185: 1183: 1180: 1178: 1175: 1171: 1168: 1166: 1163: 1161: 1158: 1156: 1153: 1152: 1151: 1148: 1146: 1143: 1141: 1138: 1137: 1135: 1131: 1127: 1120: 1115: 1113: 1108: 1106: 1101: 1100: 1097: 1088: 1082: 1078: 1073: 1069: 1067:9780919241169 1063: 1059: 1054: 1050: 1048:0-8020-3314-8 1044: 1040: 1036: 1031: 1027: 1021: 1017: 1012: 1008: 1004: 1000: 996: 995: 989: 985: 979: 975: 970: 966: 961: 957: 952: 951: 939: 934: 932: 930: 923: 919: 914: 907: 906:Wenzel (2012) 902: 895: 894:Wenzel (2012) 890: 883: 882:Wenzel (2012) 878: 871: 870:Wenzel (2012) 866: 864: 857: 853: 848: 842: 838: 833: 827: 823: 818: 812: 808: 803: 797: 793: 788: 786: 784: 782: 780: 778: 770: 769:Wenzel (2012) 765: 758: 753: 746: 745:Wenzel (2012) 741: 734: 733:Wenzel (2012) 729: 722: 721:Wenzel (2012) 717: 711:, p. 202 710: 705: 703: 701: 699: 691: 686: 680:, p. 405 679: 674: 672: 665:, p. 647 664: 663:Vachon (1974) 659: 653:, p. 253 652: 647: 645: 643: 641: 633: 628: 626: 624: 622: 620: 618: 616: 614: 606: 605:Eccles (1998) 601: 599: 597: 589: 584: 582: 580: 578: 576: 574: 572: 570: 562: 557: 555: 553: 551: 543: 538: 536: 534: 532: 524: 523:Eccles (1998) 519: 512: 507: 505: 503: 501: 496: 487: 484: 482: 479: 477: 474: 472: 469: 468: 462: 460: 456: 452: 448: 442: 437: 430:Death penalty 427: 425: 420: 414: 404: 402: 398: 394: 390: 386: 382: 378: 374: 370: 367:. Apart from 366: 362: 352: 349: 346: 342: 336: 327: 325: 320: 313: 303: 301: 300: 293: 290: 284: 280: 278: 274: 263: 261: 257: 253: 249: 245: 241: 237: 233: 229: 225: 222:(24 counts), 221: 218:(23 counts), 217: 212: 206: 203: 199: 194: 192: 191: 185: 174: 171: 160: 151: 149: 145: 141: 131: 129: 124: 119: 116: 105: 103: 99: 93: 90: 86: 81: 76: 74: 70: 64: 62: 61:l'information 57: 55: 51: 47: 37: 35: 30: 26: 22: 18: 1820:Lachine Raid 1557:MarĂ©chaussĂ©e 1555: 1520: 1479:Terre-Neuve 1384:Fort Detroit 1364:Fort RouillĂ© 1337:Terre-Neuve 1243:Ohio Country 1076: 1057: 1035:1741 to 1770 1034: 1015: 998: 994:Ethnohistory 992: 973: 964: 955: 947:Bibliography 940:, p. 54 913: 908:, p. 61 901: 896:, p. 54 889: 884:, p. 53 877: 872:, p. 51 847: 832: 817: 802: 771:, p. 42 764: 759:, p. 52 752: 740: 735:, p. 40 728: 723:, p. 39 716: 692:, p. 69 685: 658: 634:, p. 50 607:, p. 80 590:, p. 49 563:, p. 48 544:, p. 47 525:, p. 44 518: 513:, p. 51 443: 439: 423: 418: 416: 358: 350: 344: 340: 337: 333: 330:Native crime 323: 315: 298: 294: 285: 281: 276: 269: 207: 195: 188: 180: 166: 157: 137: 120: 111: 97: 94: 79: 77: 65: 60: 58: 43: 16: 15: 1674:Amerindians 1637:1666 census 1546:Officiality 1541:Provostship 1428:Governments 1409:Castle Hill 1331:New Orleans 1307:ĂŽle Royale 1286:Quebec City 1234:(1713–1763) 1222:(1662–1713) 1220:Terre-Neuve 1216:(1608–1763) 1210:(1604–1713) 447:QuĂ©bec City 387:, and even 324:in absentia 240:vagabondage 232:infanticide 102:Quebec City 1874:New France 1863:Categories 1747:Sulpicians 1704:card money 1632:Population 1526:Intendancy 1489:Louisiane 1394:Fort CondĂ© 1317:Louisiane 1311:Louisbourg 1276:Port Royal 1232:ĂŽle Royale 1126:New France 492:References 486:New France 451:New France 393:New France 389:banishment 361:New France 355:Punishment 319:New France 144:New France 140:New France 128:New France 115:New France 73:New France 46:New France 21:New France 1742:Ursulines 1737:Grey Nuns 1732:RĂ©collets 1649:Canadiens 1644:Habitants 1594:Voyageurs 1584:Fur trade 1563:Code Noir 1443:Intendant 1341:Plaisance 1263:Towns and 1226:Louisiana 1170:1663–1759 1165:1608–1662 1160:1534–1607 312:Desertion 306:Desertion 273:desertion 256:sacrilege 248:desertion 1848:Category 1699:Currency 1659:Acadians 1493:Governor 1483:Governor 1473:Governor 1296:Montreal 1265:villages 1201:Colonies 465:See also 385:branding 381:flogging 289:stealing 198:MontrĂ©al 184:MontrĂ©al 1694:Alcohol 1684:Plaçage 1679:Slavery 1625:Society 1572:Economy 1551:Bailiff 1469:Acadie 1434:Canada 1301:DĂ©troit 1282:Canada 1272:Acadie 1133:History 244:suicide 220:assault 1326:Biloxi 1321:Mobile 1214:Canada 1208:Acadia 1083:  1064:  1045:  1022:  1007:483451 1005:  980:  922:p. 182 856:p. 187 841:p. 186 826:p. 209 811:p. 185 796:p. 183 397:thefts 377:caning 373:stocks 345:livres 341:livres 258:, and 216:murder 202:QuĂ©bec 163:Acadia 134:Judges 29:QuĂ©bec 1669:MĂ©tis 1352:Forts 1003:JSTOR 252:fraud 236:arson 228:duels 211:theft 98:blâme 54:libel 1756:Wars 1504:Laws 1081:ISBN 1062:ISBN 1043:ISBN 1020:ISBN 978:ISBN 417:The 224:rape 200:and 1865:: 1037:. 999:43 997:. 928:^ 920:, 862:^ 854:, 839:, 824:, 809:, 794:, 776:^ 697:^ 670:^ 639:^ 612:^ 595:^ 568:^ 549:^ 530:^ 499:^ 383:, 379:, 375:; 262:. 254:, 250:, 246:, 242:, 238:, 146:. 1118:e 1111:t 1104:v 1089:. 1070:. 1051:. 1028:. 1009:. 986:. 96:(

Index

New France
Samuel de Champlain
Québec
Criminal Ordinance of 1670
New France
Criminal Ordinance of 1670
libel
"extraordinary procedure"
New France
amende honorable
Sovereign Council of New France
Quebec City
New France
Sovereign Council
New France
New France
New France
Louis-Guillaume Verrier
Jacques-François de Monbeton de Brouillan
Montréal
coureurs de bois
Montréal
Québec
theft
murder
assault
rape
duels
infanticide
arson

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