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Researching the
Fortress of Louisbourg National Historic Site of Canada
Recherche sur la Forteresse-de-Louisbourg Lieu historique national du Canada
FORTRESS SECURITY AND MILITARY JUSTICE AT LOUISBOURG, 1720-45
BY
MARGARET FORTIER
1980
Report H E 14
Fortress of Louisbourg
MILITARY CRIMES AND THEIR PRESCRIBED PUNISHMENTS
At the time of Ile Royale's establishment the ordinances which governed the conduct of soldiers in the service of the king dated, for the most part, to the middle-of the 16th century. Reaffirmed in 1651, the ordinances were badly in need of updating when Louis XV issued the "Ordonnance Du Roy Concernant Les Crimes & Délits Militaires" on 1 July 1727.[1] A copy of this ordinance was received in Louisbourg in 1728. St. Ovide and De Mézy reported that it was published at the head of the troops and posted in the corps de garde in Louisbourg and its outposts. [2]
As the ordinance of 1727 contains numerous offences which the troops of the Louisbourg garrison would have had no occasion to commit due to the nature of the establishment and its location, the list below includes only those crimes which the soldiers of Ile Royale could conceivably have committed. This list, moreover, includes only crimes which were considered military matters, such as the failure of a soldier to do his duty or a dispute between two soldiers. Crimes committed by soldiers against the civilian community were not controlled by the military law, but were under the jurisdiction of the juges ordinaires.[3] The punishments stipulated for military crimes were, in many cases, the maximum penalties applicable. Mitigating circumstances could be taken into account. However, some infractions, such as desertion while standing watch, were considered so serious that the punishment would be administered "sans remission." [4]
Crime PunishmentDesertion while on guard duty or in enemy Death without remission territory Desertion Death, galleys or prison depending on circumstances Inciting desertion Death without remission Failing to stand guard duty on Death appointed day Failing to respond quickly enough to Death an alarm Insulting or offending one who is on Death ordinary watch Allowing a prisoner in his care to escape Three years on galleys Leaving a sentry post without permission Death without remission Sleeping while on sentry duty Death or galleys, depending on circumstances Firing a gun or otherwise causing an Wooden horse each day for alarm at night without necessity a month at the hour the guard was mounted Getting drunk on the day due to mount Wooden horse each day for guard a month at the hour the guard was mounted Revealing countersign to enemy or any Hanged or strangled unauthorized person Departing or entering a place under guard Death except by the usual passages Attacking a soldier on sentry duty Shot Failing, while on guard, to have the proper Prison for one month with amount of ammunition and gun charged one sol per day withheld during that time Leaving guardhouse for any reason while One month in dungeon part of guard Damaging fortification or allowing another Galleys for life to do so while on guard Damaging fortification or stealing palisades Galleys for three years while not on guard Inciting mutiny Hanged and strangled Taking up arms in a city or town under Lose hand guardHolding unlawful assemblies Hanged and strangled Uttering words of sedition, mutiny or Death rebellion Failing to report others uttering Corporal punishment and seditious statements death Conspiring against the king, the safety Broken on wheel of citizens, places and countries of king's dominion, against governors or commandants or against their officers Having knowledge of such conspiracies Broken on wheel and failing to report them Sale of His Majesty's goods from Lash and branded with magasin fleur de lis Sale of uniforms or equipment "punition exemplaire" Stealing arms of another Hanged and strangled Stealing clothes, pay, equipment, or Death or galleys depending bread from those lodged with him in on circumstances barracks Selling powder or lead Wooden horse each day for a fortnight at the hour the guard mounted Abusing sergeants verbally Ask pardon before troops Abusing sergeants physically Death Wounding or killing another soldier Death Injuring honour of another soldier Declare his shame before without grounds troopsContradicting another without just Public request for pardon cause Failing to pay lawful debt "peine arbitraire" Hindering prévost in his duty Death Hiding or aiding a fugitive Same punishment due to the fugitive Striking or threatening an officer Hand cut off and hanged Striking a sergeant while on guard Death Striking a sergeant not on guard Galleys for life Failing to obey officers in all they Death order for the service of the kingStriking a corporal with whom he is Galleys for life on guard, on detachment or on actual service Disobeying sergeants in things Corporal punishment or concerning service death, depending on circumstances Calling on comrades for help during Passed by arms disturbance Resisting arrest by lawful agents Death Stealing from a church Hanged and strangled Profaning holy things in course of Burnt at stake robbing church Swearing or blaspheming the name of Tongue pierced by hot iron God, the Blessed Virgin or the Saints Cheating at gambling Corporal punishment Maintaining lewd women Three months in prison Leaving a place under siege without Hanged and strangled permission Leaving garrison on congé with arms Passed by baguettes and other than swords prison for one month Using false name or place of birth Galleys for life at enlistment