Punishment. That from and after the 12th day of Aprill, A.D. 1689, every person being in Their Majestyes Service in the Army, and being mustered and in pay as an Officer or Soldier, who shall at any time before the 10th day of November, A.D. 1689, excite, cause, or joyne in any mutiny or sedition in the Army or shall desert Their Majestyes Service in the Army, 1shall suffer death or such other punishment as by a Court-Martiall shall be inflicted. 3. "And it is hereby further enacted and declared, That Their Majestyes, or the Generall of their Army for the time being, may by vertue of this Act have full power and authoritie to grant Commissions to any Lieftenants, martial. Generall or other Officers, not under the degree of Collonells, from time to time to call and assemble Court-Martialls for punishing such offences as aforesaid. Crown may grant Commissions to call Courts Number of 4.2 And it is hereby further enacted and declared, That noe Court-Martial which shall have power to inflict any punishment by vertue of this Act for the offences aforesaid shall consist of fewer than thirteene, whereof none to be under the degree of Captaines. 5. "Provided alwayes, That no field Officer be tryed by other The following words were inserted in 1716: Extract from sec. 1 of 3 Geo. I. c. 2 (1716). "[Or persuade, or advise any other Soldier in His Majesty's Service, to desert His Majesty Service in the Army; or if an Officer or Soldier in His Majesty's Army shall, either upon land within or out of Great Britain or upon the sea, hold correspondence with any rebel or enemy of His Majesty or give them advice or intelligence either by letters, messages, signs, or tokens, or any manner of way whatsoever, or shall treat with such rebels or enemies or enter into a correspondence with them without His Majesty's license or license of the General; or shall refuse to obey the Military order of his Superior Officer or shall resist any Officer in the execution of his office, or shall strike, draw, or offer to draw or lift up any weapon against his Superior Officer upon any pretence whatsoever, or being a Soldier actually listed in any Regiment shall list himself into any other Regiment without a discharge from the first Regi ment]." In 1717 these words were omitted, and the following substituted :-- Extract from sec. 1 of 4 Geo. I. c. 3, 1717. "[Or being a Soldier actually listed in any Regiment shall list privately in another without a discharge, or shall refuse to obey any lawful command of his superior officer]." The other offences of 1716 were transferred to the Articles of War 1717. 2 In 1717 as sec. 3 of 4 Geo. I. c. 3, this was inserted. "That it shall be lawful to, and for such Court-martials by their sentence or judgment, to inflict corporal punishment not extending to life or limb on any Soldier for immoralities, misbehaviour, or neglect of duty." than field Officers. And that such Court-Martiall shall have power and authoritie to administer an oath to any wit- Field Officers ness in order to the examination or tryall of the Colonel may offences aforesaid. how tried. administer oath. 6. "Provided alwayes, That nothing in this Act contained shall extend or be construed to exempt any Officer or Soldier Proviso for whatsoever from the ordinary processe of Law. ordinary process of Law. extend to 7. "Provided alwayes, That this Act, or anything therein contained, shall not extend or be any wayes construed to Act not to extend to or concerne any of the Militia Forces of this Militia. Kingdome. 8. "Provided alsoe, That this Act shall continue in force untill the said 10th day of November, A.D. and be Act in force till 10 Nov. 1689. Court 1689. 9. "Provided alwayes, and bee it enacted, That in all tryalls of offenders by Courts-Martiall to be held by vertue of this Members of Act, where the offence may be punished by Death, every martial to Officer present at such tryall, before any proceeding be take an oath. had thereupon, shall take an oath upon the Evangelists before the Court (and the Judge Advocate or his Deputy shall, and are hereby respectively authorized to administer the same) in these words, that is to say: "You shall well and truly try and determine according to your evidence the matter now before you between Our Soveraigne Lord and Lady the King and Queen's Majestyes and the Prisoner to be tryed, "Soe helpe you God.' given. Num jority of Officers. 10. "And noe Sentence of Death shall be given against any offender in such case by any Court-Martiall unlesse nine Where senof thirteene Officers present shall concur therein. And if tence of death there be a greater number of Officers present, then the ber of majudgement shall passe by the concurrence of the greater part of them soe sworne, and not otherwise; and noe Proceedings, Tryall, or Sentence of Death shall be had or given against any Offender, but betweene the houres of eight in the morning and one in the afternoone." 1 This section (as 40) was inserted in 1717. "That it shall be lawful for His Majesty to form, make, and establish Articles of War, and erect and constitute Courts-martial with power to try, hear, and determine any crime or offence by such Articles of War, and inflict penalties by sentence or judgment of the same as well within the Kingdoms of Great Britain and Ireland as in any of His Majesty's Dominions beyond the sea." P APPENDIX B.-CHAP. II. PAR. 37. PROVISIONS RELATING TO THE ADMINISTRATION OF JUSTICE BY COURTS-MARTIAL UNDER THE MUTINY ACT, 1873. GENERAL PRINCIPLES OF THE ACT: SECTION Preamble. Numbers 1. Articles of War made by Her Majesty to be judicially taken notice of 2. Persons subject to this Act 3. Provisions of this Act to extend to Jersey, Guernsey, &c. PAGE 212 213 216 4. Colonial and foreign troops in Her Majesty's pay to be subject to provisions of this Act 5. Provision as to the militia or yeomanry or volunteer corps or reserve forces .. CONSTITUTION OF COURTS-MARTIAL: 6. Power to constitute courts-martial 7. Place where offenders may be tried 8. Constitution and powers of general courts-martial 9. Constitution and powers of district or garrison courts-martial 10. Constitution and powers of regimental or detachment courts-martial 14. No second trial for the same offence, but revision may be allowed 220 CRIMES AND PUNISHMENTS: 15. Crimes punishable with death 220 .. 16. Judgment of death may be commuted for penal servitude or other punishments 221 17. Embezzlement, &c., of stores punishable by penal servitude, or by fine, imprisonment, &c. 222 18. As to execution of sentences of penal servitude in the United Kingdom .. 19. As to execution of sentences of penal servitude in the colonies, India, or elsewhere out of Her Majesty's dominions 224 20. Power to commute penal servitude for imprisonment, &c. 21. Of forfeitures, &c., when combined with penal servitude 22. Not to inflict corporal punishment in time of peace 226 226 226 23. Power to inflict corporal punishment and imprisonment 226 24. Power to commute corporal punishment for imprisonment, &c. 25. Power to commute a sentence of cashiering 227 27. Power of imprisonment by regimental or detachment courts-martial.. 28. As to imprisonment of offenders already under sentence.. 26. Power of imprisonment by general, garrison, or district courtsmartial 227 227 227 227 MILITARY PRISONS AND CIVIL GAOLS: SECTION 29. Regulations as to military prisons (See also clause 83 extending provisions of Gaol Acts to military 30. As to the custody of military offenders under sentence of court- .. 31. As to the removal or discharge of prisoners in certain cases DESERTION : 34. Apprehension and transfer of deserters in the United Kingdom and in Her Majesty's foreign dominions .. 35. As to the temporary custody of deserters in gaols PAGE 228 229 230 232 232 233 235 236 236 39. No person acquitted or convicted by the civil magistrate or by a jury 237 237 41. Officers not to be sheriff's or mayors, &c. 238 240 ENLISTMENT: 48. Attested recruits triable in some cases either before two justices or before a court-martial 240 50. As to militiamen enlisting into the army 241 51. Punishment of persons offending against the laws relating to enlist ment 242 67. Definition: Non-commissioned Officers and Soldiers .. 242 PENALTIES AT LAW UNDER THIS ACT: 76. Ordinary course of criminal justice not to be interfered with. Punishment of officers obstructing civil justice 242 89. Form of actions at law 242 MISCELLANEOUS : 96. Administration of oaths. Persons taking false oaths or declarations liable to punishment for wilful perjury 243 97. Offences against former Mutiny Acts and Articles of War may be tried under this Act Where troops are serving beyond the jurisdiction of the courts of 245 SECTION 100. Provisions relating to courts-martial on officers and soldiers of Her Majesty's Indian forces PAGE 247 106. Yeomanry or volunteers may be attached to regular forces 249 249 THE MUTINY ACT FOR 1873-74. EXTRACTS FROM AN ACT FOR PUNISHING MUTINY AND DESERTION, AND FOR THE BETTER PAYMENT OF THE ARMY AND THEIR QUARTERS. 36 Vic. c. 10. Number of men to con sist of 128,968, in employed at depôts of re giments serv ing in India, but exclusive [24th April 1873.] WHEREAS the raising or keeping a standing army within the United Kingdom of Great Britain and Ireland in time of peace, unless it be with the consent of Parliament, is against law: :- AND whereas it is adjudged necessary by Her Majesty, and this present Parliament, that a body of forces should be continued for the safety of the United Kingdom and the defence of the possessions of Her Majesty's Crown, and that the whole1 number of such forces should consist of one hundred and twenty-eight thousand nine hundred and sixty-eight men, including those to be emcluding those ployed at the depôts in the United Kingdom of Great Britain and Ireland for the training of recruits for service at home and abroad, but exclusive of the numbers actually serving within Her Majesty's Indian possessions: AND whereas no man can be forejudged of life or limb, or subjected in time of peace to any kind of punishment within this realm, by martial law, or in any other manner than by judgment of his peers, and according to the known and established laws of this realm; yet nevertheless it being requisite, for the retaining all the before-mentioned forces in their duty, that an exact discipline be observed, and that soldiers who shall mutiny or stir up sedition or shall desert Her Majesty's service, or be guilty of crimes and offences to the prejudice of good order and military discipline, be brought to a more exemplary and speedy punishment than the usual forms of the law will allow : BE it of thos actually serving in India. 1 Should the Army, in fact, exceed this number, the liability to the Mutiny Act would not be affected by the excess. See Vol. I. p. 178, and the discussion in Parliament, 14 Parl. Hist. pp. 434, 461, 27 Parl. Hist. p. 169. However, See Sec. 95 of Mutiyn Act, 1869 & 1872. |