Editing New France (section)

===Early history in New France (pre-1663)===
[[File:Constitution-of-new-france-1759.png|thumb|A chart showing the political organization of New France, {{Circa|1759}}]]
In the early stage of French settlement, legal matters fell within the [[Governor of New France]]'s purview.<ref name="Lareau 244">{{Cite book |title=Histoire du droit Canadien depuis les origines de la colonie jusqu'à nos jours, Vol. I : Domination Française |last=Lareau |first=Edmond |publisher=A. Périard |year=1881 |location=Montréal, Quebec |page=244 |url=https://books.google.com/books?id=NvE_AAAAYAAJ&pg=PA244 }}</ref> Under this arrangement, legal disputes were settled in an incoherent fashion due to the Governor's arbitrariness in issuing verdicts.

Since 1640, a Seneschal (''sénéchal''), a Judge (''juge d'épée'', which literally means 'sword-bearing judge'), and a jurisdiction in [[Trois-Rivières]] were created.<ref name="Lareau 244"/> However, the Seneschal was under the oversight by the Governor, hence the Governor still had rather extensive control over legal matters in New France.<ref name="Lareau 244"/> In 1651, the [[Company of New France]] made the Great Seneschal (''Grand Sénéchal'') the chief justice.<ref name="Lareau 244"/> However, the [[Island of Montreal]] had its special Governor at that time, who also administered justice on the Island, and had not handed over justice to the Grand Seneschal until 1652.{{sfnp|Lareau|1881|page=246}}

In practice, though, the Great Seneschal was awarded as an honorary title to the son of [[Jean de Lauson]], then Governor of New France; judicial functions were in fact carried out by the Seneschal's deputies.{{sfnp|Lareau|1881|page=245}} These deputies included such officials as the civil and criminal lieutenant general (''lieutenant général civil et criminel''), the special lieutenant (''lieutenant particulier'', acting as assistant royal judge), and the lieutenant fiscal (''lieutenant fiscal'', acting as tax magistrate).{{sfnp|Lareau|1881|page=245}}

The Civil and Criminal Lieutenant General sat as judge in trials at first instance, whereas appeals would be adjudicated by the Governor, who held the sovereign right to settle final appeals on behalf of the French king. The Great Seneschal also had a magistrate in [[Trois-Rivières]], as well as a [[bailiff]] formed by the [[Society of Priests of Saint Sulpice]] on the [[Island of Montreal]].{{sfnp|Lareau|1881|p=}}
[[File:Frontenac with the Indians.jpg|thumb|upright|[[Louis de Buade de Frontenac|Governor Frontenac]] performing a tribal dance with indigenous allies]]

Apart from judicial responsibilities, the Great Seneschal was also in charge of convening local nobility in New France, as well as issuing declarations of war if necessary.{{sfnp|Lareau|1881|page=246}} However, such alternative role of the Great Seneschal was much weakened soon after by having the rights to declare war and to administer finances stripped off from the office because the French crown feared that colonial officers held too much authority.{{sfnp|Lareau|1881|page=246}}