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The Administration Of Justice At The Fortress Of Louisbourg (1713-1758)

General Introduction 

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 l6th 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

bulletDesertion while on guard duty or in enemy territory 
 
bulletDeath without remission
bulletDesertion
 
bulletDeath, galleys or prison depending on circumstances
bulletInciting desertion
 
bulletDeath without remission
bulletFailing to stand guard duty on appointed day 
 
bulletDeath
bulletFailing to respond quickly enough to an alarm
 
bulletDeath
bulletInsulting or offending one who is on ordinary watch 
 
bulletDeath
bulletAllowing a prisoner in his care to escape
 
bulletThree years on galleys
bulletLeaving a sentry post without permission
 
bulletDeath without remission
bulletSleeping while on sentry duty
 
bulletDeath or galleys, depending on circumstances
bulletFiring a gun or otherwise causing an alarm at night without necessity
 
bulletWooden horse each day for a month at the hour the guard was mounted
bulletGetting drunk on the day due to mount guard
 
bulletWooden horse each day for a month at the hour the guard was mounted
bulletRevealing countersign to enemy or any unauthorized person
 
bulletHanged or strangled
bulletDeparting or entering a place under guard except by the usual passages
 
bulletDeath
bullet Attacking a soldier on sentry duty
 
bulletShot
bulletFailing, while on guard, to have the proper amount of ammunition and gun charged
 
bulletPrison for one month with one sol per day withheld during that time
bulletLeaving guardhouse for any reason while part of guard
 
bulletOne month in dungeon
bulletDamaging fortification or allowing another to do so while on guard
 
bulletGalleys for life
bulletDamaging fortification or stealing palisades while not on guard 
 
bulletGalleys for three years
bullet Inciting mutiny 
 
bulletHanged and strangled
bulletTaking up arms in a city or town under guard
 
bulletlose hand
bulletHolding unlawful assemblies
 
bulletHanged and strangled
bulletUttering words of sedition, mutiny or rebellion
 
bulletDeath
bulletFailing to report others uttering seditious statements
 
bulletCorporal punishment and death
bulletConspiring against the king, the safety of citizens, places and countries of king's dominion, against governors or commandants or against their officers
 
bulletBroken on wheel
bulletHaving knowledge of such conspiracies and failing to report them
 
bulletBroken on wheel
bulletSale of His Majesty's goods from magasin
 
bulletLash and branded with fleur de lis
bulletSale of uniforms or equipment
 
bullet"punition exemplaire"
bulletStealing arms of another
 
bulletHanged and strangled
bulletStealing clothes, pay, equipment, or bread from those lodged with him in barracks
 
bulletDeath or galleys, depending on circumstances
bulletSelling powder or lead
 
bulletWooden horse each day for a fornight at the hour the guard mounted
bulletAbusing sergeants verbally 
 
bulletAsk pardon before troops
bulletAbusing sergeants physically
 
bulletDeath
bulletWounding or killing another soldier
 
bulletDeath
bulletInjuring honour of another soldier without grounds 
 
bulletDeclare his shame before troops
bulletContradicting another without just cause 
 
bulletPublic request for pardon
bulletFailing to pay lawful debt 
 
bullet"peine arbitraire"
bulletHindering prévost in his duty 
 
bulletDeath
bulletHiding or aiding a fugitive
 
bulletSame punishment due to the fugitive
bulletStriking or threatening an officer 
 
bulletHand cut off and hanged
bulletStriking a sergeant while on guard 
 
bulletDeath
bulletStriking a sergeant not on guard 
 
bulletGalleys for life
bulletFailing to obey officers in all they order for the service of the king
 
bulletDeath
bulletStriking a corporal with whom he is on guard, on detachment or on actual service 
 
bulletalleys for life
bulletDisobeying sergeants in things concerning service
 
bulletCorporal punishment or death, depending on circumstances
bulletCalling on comrades for help during a disturbance 
 
bulletPassed by arms
bulletResisting arrest by lawful agents
 
bulletDeath
bulletStealing from a church
 
bulletHanged and strangled
bulletProfaning holy things in course of robbing church
 
bulletBurnt at stake
bulletSwearing or blaspheming the name of God, the Blessed Virgin or the Saints 
 
bulletTongue pierced by hot iron
bulletCheating at gambling
 
bulletCorporal punishment
bulletMaintaining lewd women
 
bulletThree months in prison
bulletLeaving a place under siege without permission
 
bulletHanged and strangled
bulletLeaving garrison on congé with arms other than swords
 
bulletPassed by baguettes and prison for one month
bulletUsing false name or place of birth at enlistment
 
bulletGalleys for life

[Endnotes: Military Crimes and their Prescribed Punishments, 1 Côde Militaire, Vol. 1, p. 279*; 2 A.N., Colonies, C11B, Vol. 10, fols. 41-57v., 3 novembre 1728; 3 Côde Militaire, Vol. 1, p. 279; 4 Ibid., pp. 264-78; 279*-94*; D'Haricourt, Elemens De L'Art Militaire, Vol. 2, pp. 156-204; Guignard, L'Ecole De Mars, Vol. 1, pp. 534-56] 

[Source: Margaret Fortier, Fortress Security and Military Justice at Louisbourg, 1720-45, Unpublished Report H E 14 (Fortress of Louisbourg, 1980), pp. 50-53]

General Introduction