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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

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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	                                                                         Punishment
Desertion 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
guard
Holding 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	                                                troops
Contradicting 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 king
Striking 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
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