COURT-MARTIAL, a court for the trial of offences against military or naval discipline, or for the administration of martial law. In England courts-martial have inherited part of the jurisdiction of the old Curia militaris, or court of chivalry, in which a single marshal and at one time the high constable pro ceeded "according to the customs and usages of that court, and, in cases omitted according to the civil law, secundum legem armorum" (Coke, 4 Ins. 17). The modern form of the courts was adopted by ordinance in the time of Charles I., when English soldiers were studying the "articles and military laws" of Gus tavus Adolphus and the Dutch military code of Arnheim ; it is first recognized by statute in the first Mutiny Act of 1689. The Mutiny Act (with various extensions and amendments) and the statutory articles of war continued to be the sources of military law which courts-martial administered until 1879, when they were codified in the Army Discipline and Regulation Act 1879, which was, in turn, superseded by the Army Act 1881. This act is re-enacted annually by the Army (Annual) Act. The con stitution of courts-martial, their procedure, etc., are dealt with under MILITARY LAW.
The administration of the barbarous naval law of England was long entrusted to the discretion of commanders acting under instructions from the lord high ad miral, who was supreme over both the royal and merchant navy. It was the leaders of the Long Parliament who first secured some thing like a regular tribunal by passing in 1645 an ordinance and articles concerning martial law for the government of the navy. Under this ordinance Blake, Monk and Penn issued instructions for the holding of general and ship courts-martial with written records, the one for captains and commanders, the other for sub ordinate officers and men. Of the latter mates, gunners and boat swains were members, but the admirals reserved a control over the more serious sentences. Under an act of 1661 the high ad miral again received power to issue commissions for holding courts-martial—a power which continues to be exercised by the board of admiralty. During the 18th century, under the auspices of Anson, the jurisdiction was greatly extended, and in the Con solidation Act of
the penalty of death occurs as frequently as the curses in the commination service. The Naval Articles of War have always been statutory, and the whole system may now be said to rest on the Naval Discipline Act 1866, as amended in accordance with the Naval Discipline Act 1922. The navy has its courts of inquiry for the confidential investigation of charges "derogatory to the character of an officer and a gentleman." Under the acts a court-martial must consist of from five to nine officers of a certain rank, and must be held publicly on board of one of H.M. ships of war, or in certain cases at a port at such con venient place on shore as the admiralty or the officer who ordered the court-martial shall direct. The rank of the president depends on that of the prisoner. A judge-advocate attends, and the pro cedure resembles that in military courts, except that the prisoner is not asked to plead, and the sentence, if not one of death, does not require the confirmation of the commander-in-chief abroad or of the Admiralty at home. Unlike the ordinary criminal courts, the court has a large and useful power of finding the prisoner guilty of a less serious offence than that charged. Hanging at the yard-arm is the traditional form of death sentence; Admiral Byng, however, was 'shot in 1757. The board of Admiralty have, under the Naval Discipline Acts, a general power of suspending, annulling and modifying sentences which are not capital. The jurisdiction extends to all persons belonging to the navy, to land forces and other passengers on board, ship-wrecked crews, spies, persons borne on the books of H.M. ships in commission, and civilians on board who endeavour to seduce others from allegiance. The definition of the jurisdiction by locality includes harbours, havens or creeks, lakes or rivers, in or out of the United Kingdom; all places within the jurisdiction of the admiralty; all places on shore out of the United Kingdom; the dockyards, barracks, hos pitals, etc., of the service wherever situated; all places on shore in or out of the United Kingdom for all offences punishable under the Articles of War except those specified in section 45 of the Naval Discipline Act which are punishable by ordinary law. The Royal Marines, while borne on the books of H.M. ships, are sub ject to the Naval Discipline Acts, and, by an order in council, 1882, when they are embarked on board ship for service on shore ; otherwise they are under the Army Acts. By s. 179, sub.-sec. 7, of the Army Act, in the application of the act to the Royal Marines the Admiralty is substituted for military authorities. Sections 29, 87, 88 and 9oA of the Naval Discipline Act provide for the discipline of the Royal Air Force when borne on the books of H.M. ships or embarked as passengers and regulate the relations in regard to command and discipline between naval and air forces acting together.
These proceedings are governed by the principles laid down in the Manual of Air Force Law (Air Publication 804) in compliance with the Air Force Act, the Rules of Procedure, and the King's Regulations and Air Council Instructions for the Royal Air Force.
On the Constitution and Practice of Bibliography.-Simmons, On the Constitution and Practice of Courts-Martial; Clode, Military and Martial Law; Stephens, Gifford and Smith, Manual of Naval Law and Court-Martial Procedure. The earlier writers on courts-martial are Adye (1796) , M'Arthur (1813) , Maltby (Boston, 1813) , James (182o) , D'Aguilar (1843) , and Hough, Precedents in Military Law (1855). (X.) Military law and courts-martial rest upon the Constitution, which makes the President the commander-in-chief of the army and navy, empowers Congress "to make Rules for the Gov ernment and Regulation of the land and naval Forces," and exempts "cases arising in the land or naval forces or in the Militia, when in actual service in time of war or public danger" from pre sentment by grand jury. The Supreme Court holds the latter ex emption to extend also to exempting such cases from trial by petit jury, and from other incidents of the common law procedure, leaving them subject only to
enacted by Congress for the regulation of the Forces, and that the proceedings of courts martial, within their jurisdiction, cannot be controlled or revised by the civil courts.
Army courts-martial are governed by Articles of War enacted by Congress, and by the "Manual for Courts-Martial" prescribed by the President. The navy is governed by "Articles for the Gov ernment of the Navy," Act of Congress of July 17, 1862, with later amendments, supplemented by a procedural manual, "Naval Courts and Boards." In general outline, court-martial procedure and the military and naval law is similar to that of England, from which it came.
Three types of army courts-martial are in use :
the general court-martial, five or more officers, with jurisdiction of all military offences and power to adjudge any punishment authorized by military law including the death penalty; (2) the special court martial, three or more officers, with jurisdiction of all cases not capital, empowered to adjudge confinement not in excess of six months with or without forfeiture or detention of not exceeding two-thirds pay for a like period; and (3) the summary court martial of one officer, which may adjudge confinement not to ex ceed one month with or without forfeiture or detention of pay. Commanding officers impose disciplinary punishments for minor offences without court-martial, but, in general, may not impose forfeiture of pay or confinement under guard; nor extra fatigue or the withholding of privileges for more than one week. The navy has general and summary courts-martial and "deck courts." The old military prison was abolished, and disciplinary
analogous to the British "detention barracks," substituted, by the Act of March 4, 1915, with a system of suspension of sentences, parole and "disciplinary battalions" and honourable restoration to the colours for offenders showing themselves worthy of clem ency or rehabilitation.
The 5920 revision of the Army Articles, as a result of experi ence in the World War, and after study of the court-martial sys tems of other armies, made stricter requirements for investigating charges before referring them for trial.
Military Law and Precedents (1896, Bibliography.-Winthrop, Military Law and Precedents (1896, 592o) ; Major General George B. Davis, Military Law (1913) ; Manual for Courts-Martial, U.S. Army (1928) ; Naval Courts and Boards (1923) ; Naval Digest (1916) ; Harwood, Naval Law and Courts-Mar tial (1867) ; Army Regulations; Naval Regulations. (J. A. Hu.)
