Page images
[ocr errors]

An Essay on Military Law, &c.,” by Tytler, revised by James.

“ Practice of Naval, and Military Courts Martial,” by Mc Arthur.

“ Collection of Charges &c., of General Courts Martial," by James.

“ Remarks on the Constitution &c , of Courts Martial,” by Simmons.

" The Practice of Courts Martial,” by Hough.

· Military Law Authorities,” by Hough. “ Practical Remarks on General Courts Martial,” by Kennedy

“ Observations on the Practice, and Forms of Courts Martial.” By a Field Officer.

The modes of expression of these Authors have, as much as possible, been adhered to, lest by altering them the value might be deteriorated, and their authenticity doubted : also in making reference to the Authors, from whose Works the specified information has been taken, I have inserted the name of the most recent, who had, in many instances, quoted the passage or authority from a publication of an older date, perhaps not easily to be procured.

Adye's “ Treatise on Courts Martial,” which, at the period of its issue from the press, must have been a most acceptable monitor in a Soldier's library, may be considered the root of all the succeeding publications on military jurisprudence.

The Works of Tytler, and Mc Arthur, which have been largely extracted from by more modern authors, will,

notwithstanding, afford much desirable information on various subjects incidental to the Proceedings of Courts Martial.

In Simmons' “Remarks on the Constitution, &c. of Courts Martial,” the law military is most minutely entered into, and fully explained.

Hough's Works are also replete with valuable matter, especially for the Officers of the East India Company's service.

“Practical Remarks,” by Kennedy, will be found a most useful Vade mecum to Members of Courts Martial.

The Work, entitled “Observations on the Practice and the Forms of Courts Martial,by a Field Officer, is deservedly in such general circulation, that I need not further allude to it, except to state that I have studiously refrained from entering into those portions of the subject which are so distinctly laid down in it; but, considering the Field Officer had left unnoticed many points to which further publicity might advantageously be given, I have ventured to tread in his footsteps, with the hope that these Notes may not be deemed an unworthy adjunct to his Observations. In the present selection of General Orders, and Memoranda, those, which have been published in the above mentioned Observations, are not included, for the cause already mentioned.

The Opinions of the Judge Advocates General will, no doubt, prove a most important addition to this Work, and will be taken as a guidance in cases similar to those which have been referred to these Legal Authorities.

Extracts have been taken from the under-mentioned Legal Publications: viz.

Archbold's.. Criminal Pleading, and Evidence.
Blackstone's.. Commentaries.

Hale's. . History of the Common Law.
Hawkin's..Pleas of the Crown.
Howell's.. State Trials.
Mc Nally's. . Rules of Evidence.
Peake's.. Law of Evidence.
Phillipps's. . Law of Evidence.
Russell's.. Crimes and Misdemeanors.
Samuel..on the Mutiny Act, &c.
Starkie's. . Civil, and Criminal Evidence.

Sullivan's.. Thoughts on Martial Law. Whenever it is feasible, these Authors should be consulted by Officers, especially by those who are liable to be called

upon to adjudicate on Criminal Offences, either in Gibraltar, or the East Indies.

In the absence of the above mentioned Works, even these brief Notes may be found useful; it is, however, highly advisable that they should be considered merely as Notes to refresh the memory, not as containing all the information necessary to be acquired by Officers, who are anxious to become efficient Members of Courts Martial.

Some blank pages are introduced into the body of this Work, for the insertion of manuscript Notes, recording decisions on doubtful points, or any unusual circumstances, which may arise in conducting the Proceedings of Courts Martial.

WOOLWICH, Nov. 9th, 1841.

[blocks in formation]







Chapter iii.

Authority : formation : constitution
Dissolution : adjournment : postponement
Deliberations : illegality : judgments
Confirmation : suspension : mitigation : remission
Composition, Land and Marine Forces.
Convened in the East Indies
Field, or Drum-head Courts Martial.

Mode of conducting Proceedings.....
Judge Advocate

Duties : &c...
Form of Account








« PreviousContinue »