Marine Mutiny Act, the Royal Marines, and, by the 8th of the 19 & 20 Vic. c. 83, the Coast Guard, when borne on the Ship's Books or on board any Ship in Commission ; (2.) Her Majesty's Land Forces,1 to such an extent only as is laid down by Order in Council, that dated the 22nd of February, 1870, being the one at present in operation; 2 (3.) Passengers on board, to the extent laid down in the Admiralty Regulations, of which par. 70 of chap. xii. (1862) contains the provisions in force ; (4.) All spies from the enemy.3 9. As against the Officers and Crew thereof, any Ship that is wrecked, lost, destroyed, or taken by the enemy, shall, for the purposes of the Act, be deemed to remain in command until they are removed into some other Ship of War, or until a Court-martial shall have been held-a provision necessary to remedy a legal difficulty existing under the earlier Law, for the loss of the Ship released the Officers and Men from all responsibility to the Naval Courts until the Court of Enquiry had been held as to cause of the loss, and during that interval all discipline was relaxed. 10. The Jurisdiction as to the nature of the offences is, from the circumstances of a ship's position at sea, more extensive than that which is given to Military Courts-martial. Besides for Murder, Robbery, and other offences usually cognizable before Courts of ordinary Criminal Jurisdiction, authority is given to punish for any other criminal offence, whether committed in or out of England under the Act, as for an offence committed to the prejudice of good order and discipline not otherwise specified, or to award punishment equal to that which would be awarded by any ordinary Criminal Tribunal. For all offences other than such as are punishable by death or penal The relative rank of the officers of the Navy and Army was first settled by Order in Council of 10th February, 1747, and now is determined by Admiralty Regulations (1862), p. 45. No Naval Officer is to assume to command the Army on shore, nor Army Officer is to assume the command of any of Her Majesty's ships, or officers or men, unless under special authority from the Government in London, for any particular service. 2 App. H. post. * Sec. 6. Vol. ii. Ad. Opin. 19 and 256. Vol. iii. ib., p. 618. 5 Death by violation of neutrality, to be tried by Court-martial (as murder). Vol. ii. Ad. Opin. p. 186. Vol. ii. Ad. Opin. p. 346. 7 Sec. 45. servitude, the proceedings and penalties are to be "according to the Laws and Customs in such cases used at Sea."1 11. The Jurisdiction is therefore essentially local as to the place at which the trial must be held, and not less so where the offence must have been committed. This, for ordinary offences, is, (a) anywhere within the Jurisdiction of the Admiralty; (b) in Harbour, Haven, or Creek, on Lake or River; (c) on shore out of the United Kingdom; or (d) in Her Majesty's Dock and other Yards, Wharves, Arsenals, Barracks, or Hospitals in the United Kingdom; or, for specified offences against discipline, any place on shore 3-a provision which was intended to prevent what formerly went unpunished, viz., personal insult by a subordinate to his Superior Officer on shore. 6 12. As to the sittings of the Naval Court, the earlier Law required them to be continued from day to day until the sentence was given; and where an adjournment had been made. (at the request of the prisoner, and to enable him to prepare his defence) from Monday till Wednesday, the sentence was held to be void, because the adjournment was illegal. The words of the present Law are directory-not compulsory; in other words, that the sitting from day to day is not (as before) a condition precedent to their power of passing sentence, but a direction to be carefully observed by the members of the Court, non-compliance with which (unless for just cause) would properly render the defaulting members liable to serious punishment." 13. The Admiralty has the power conferred by Statute of making General Orders (to be confirmed by the Queen in Council) for altering or regulating the procedure and practice of these Naval Courts; and the original proceedings of every Court, or an authorised copy thereof, must be sent with as much expedition as possible to the Secretary of the Admiralty by the Commanding Officer or Senior Officer on the Station. 1 See Sec. 44, and Vol. i. Ad. Opin. p. 263; ib., pp. 170 and 235. Vol. ii. Ad. Opin. p. 411. 3 Sec. 46. Vol. i. Ad. Opin. p. 354, and Vol. ii. pp. 125 and 142. 1828, Vol. ii. p. 431. • Sec. 68. 7 Vol. iv. Ad. Opin. p. 375. 14. But the great distinction between the Naval and the Military Courts is in the power which the former possesses in most cases of ordering the immediate execution of its sentence upon the prisoner without any confirmation by the Commanding Officer,1 the only exception being Capital Punishment (other than for Mutiny) which must be previously confirmed by the Admiralty or the Commanding Officer on a Foreign Station. This immediate infliction of Capital Punishment for Mutiny must rest with the Court, and it would appear to be doubtful whether the Admiralty could (even if so minded) give any previous direction to the Court so as to interfere with their discretion. If the sentence of death be awarded, but no orders are given for its execution, then the Admiralty must be appealed to for their directions.* 3 5 15. Over all punishments (save capital ones, which can only be remitted by the Crown) the Admiralty may exercise a controlling power. Any sentence may be suspended, annulled, or modified, or an inferior punishment may be substituted, or part may be remitted; and yet the sentence so modified shall be valid, and carried into execution as if it had been originally passed with such modification by the Court Martial, provided the punishment be not increased by such modification. Ad. Reg. pp. 101-2. 2 Sec. 53 (3). Vol. i. ib. p. 317. Vol. ii. Ad. Opin. pp. 122, 354. 5 Sec. 58. CHAPTER IV. MILITARY GOVERNMENT. 1. To facilitate the reader in his study of the Military Code, it may be convenient that some brief description should be given of the Military Government and Army Organization from time to time existing in the Kingdom, not going beyond the reign of Charles II.-nor that Statute in his reign1 which "declared the sole supreme government, command and disposition of the Militia, and of all forces by sea and land, and of all forts and places of strength to be the undoubted right of the Kings and Queens of England." Dealing with the Army alone in this Chapter, the government of the Militia and other auxiliary forces will be left for separate consideration. 2 2. As the Army existing at the Restoration of Charles II. had been raised by the Commonwealth and commissioned by the Speaker, the necessity which existed for asserting, by the Statute recently quoted, the supremacy of the Crown over these forces, is apparent. To disband all the Regiments would have been practically impossible: besides, a "Guard to the Sovereign" was lawful,3 and the maintenance of the "Garrisons" essential for the public safety. Authority was therefore given to the King by the 12 Car. II. c. 15, to continue the Army on foot to this extent-1st, by re-establishing the "Garrisons in the same condition in which they stood in 1637, and then (out of the residue of Soldiers) by forming a "Guard" for the person of the sovereign. It was under the title and military organization of "Guards and Garrisons" that the Home Army 1 Vol. I. p. 34. 2 Vol. II. p. 65. See Note on this, Vol. I. p. 365. E was annually voted by Parliament till the commencement of the present century.1 3. These Garrisons appear to have been twenty-five in number. The Officers and men were commissioned-or appointed for life-to each Garrison specifically, and varied in numbers according to the importance of the place to which they were commissioned. Every Garrison-whether a fort or a fortified town-had a Governor, or Commandant, nominated by the Crown under letters patent, and holding either the fortress or his official residence in it, with all the arms and armament, under indent or indenture from the Board of Ordnance. The staff under him would consist (1) of a Town Major and Adjutant in a large town or only of a Fort Adjutant in a fortress; (2) a Chaplain; and, lastly, a Medical Officer. The effective strength of the Garrison consisted-in addition to Garrison or Invalid Battalions of Master and other gunners as Warrant Officers appointed by the Ordnance Board, and of one or more Regiments of the Line, or Militia, which in times of national danger might be commanded to serve therein by the Crown. 6 5 4. Of all the Officers and men within the Garrison the Governor held the supreme command,' and none could either enter or depart without his leave. "When a Regiment comes near the Garrison," wrote General Bland in 1727, "the Commanding Officer should send an Officer to acquaint the Governor and desire permission for the Regiment to enter into the town, for without this precaution they will be kept without the barrier till the Officer of the Guard sends and receives the 1 Vol. I. p. 53. Until 1807, the estimate for 1808 being for "Land Forces." 2 These were: (1.) Berwick; (2.) Calshot; (3.) Carlisle; (4.) Chester; (5.) Clifford's Fort; (6.) Cinque Ports; (7.) Gravesend and Tilbury; (8.) Hull and Blackhouse; (9.) Hurst Castle; (10.) Holy Island; (11.) Landguard; (12.) St. Maws; (13.) Pendennis; (14.) Plymouth; (15.) Portland Castle; (16.) Portsmouth; (17.) Southsea Castle; (18.) Sheerness; (19.) Scilly Islands; (20.) Scarborough Castle; (21.) Tinmouth; (22.) Tower of London; (23.) Upnor; (24.) Windsor; (25.) North Yarmouth; (26.) Isle of Wight (see Return 1716, Vol. ii. of Com. Rep., p. 105). 3 Vol. I. pp. 8, 54. See one relating to Berwick in 1539, Vol. I. p. 413. The Ordnance Stores were entrusted to this Officer, Vol. II. p. 676. 6 Vol. I. p. 9. See the Tower Orders of 26 June, 1728, which are still in force. |