My latest mystery book took me back in time and out of my comfort zone. Conflagration! is a historical mystery set in Montreal in 1734. It raises issues about slavery in Canada – and introduces us to a justice system that is distinctly different from 2024.
I posed 10 questions to the book’s main character Philippe Archambeau, a court clerk assigned specifically to document the case of Marie-Joseph Angélique almost three centuries ago. Here are his answers. (Hint: You can also find them in the book.)
1. Are lawyers a cornerstone of the justice system in New France?
Witnesses are a cornerstone of the French judicial system. We do this without lawyers. We do not allow lawyers to practice in New France. We are not English.
I turned to the Criminal Ordinance of 1670 and other legal documents for this question. It does not take me long to find what I am looking for. Rumor alone constitutes legal grounds for accusing, arresting, and convicting an individual.
3. Does the accused get to face their accusers?
Confrontation is part of the judicial process. It enables the accused to deny accusations directly. It gives witnesses the opportunity to rethink, perhaps to revise, their earlier testimony.
4. Is torture an acceptable punishment?
The Criminal Ordinance permits torture for serious crimes. There are reasons for this. Torture can help extract a confession. This is important to get to the truth of a matter. There is also the issue of accomplices. Torture can help to draw out names that would otherwise die on an accused’s lips.
5. What are brodequins?
The brodequins are very effective. Misleadingly and accurately called laced boots or tight boots, this particular form of torture involves packing a person’s legs between narrow boards tightly bound. Wooden wedges are then pounded between board and human flesh. Bone breaks. Boards do not.
6. 6. Are individuals presumed innocent until
proven guilty?
French law says all accused are presumed guilty. The accused must prove their innocence.
The Code Noir explicitly states how slaves are to be treated in New France. It discusses punishment and freedom of movement, or more accurately, lack of movement. The Code also requires all slaves convert to Catholicism. It is an owner’s responsibility to ensure this happens. Sooner rather than later.
9. Is there an appeal process?
10. Does Montreal have its own prison? Is there a jailer?
About Conflagration!
On a warm spring day in April 1734, a fire raged through the
merchants’ quarter in Montréal. When the flames finally died, 46 buildings –
including the Hôtel-Dieu convent and hospital – had been destroyed. Within
hours, rumors ran rampant that Marie-Joseph Angélique, an enslaved Black woman
fighting for her freedom, had started the fire with her white lover. Less than
a day later, Angélique sat in prison, her lover nowhere to be found. Though she
denied the charges, witnesses claimed Angélique was the arsonist even though no
one saw her set the fire.
Philippe Archambeau, a court clerk assigned specifically to
document her case, believes Angelique might just be telling the truth. Or not.
A reticent servant, a boisterous jailer, and three fire-scorched shingles prove
indispensable in his quest to uncover what really happened.
Angélique’s time is running out as Archambeau searches for
answers. Will
the determined court clerk discover what really happened the night Montreal
burned to the ground before it’s too late?
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I remember being shocked by the way justice was meted out in this book. The difference from today was startling but the story was good. Would have been great if present tense hadn't been used. One of my bugs
ReplyDeleteThis kind of story shows us how far justice has come in the past few centuries. Yet, there is still ways to go. At least, the advances of science can now prove or disprove culpability in many cases. Thanks for sharing your intensive research.
ReplyDeleteWow! This looks like a terrific subject for a story. Yes, New France--even today's Quebec--is a place apart in many ways.
ReplyDelete