ARTICLES OF WAR are regulations made for the government of the military and naval forces of the country. They are of three classes-1: Those relating to the army, including therein the forces in India, according to the provisions of the 21 and 22 Viet. c. 106; 2. Those relating to the marine forces; and 3. Those relating to the navy.
1. A. of TV. for the Army.—These regulations were formerly issued Under the author ity of the annual mutiny act (q.v.). By the 68th sec. of the army discipline and regula tion act, 1879, articles of war can be made by the queen for the better government of the forces, other than the marines, to whom that act relates. The admiralty enjoys like power in the case of marines. The articles are to be judicially taken notice of by all judges and in all courts whatsoever; provided that no person shall by such A. of W. be subject to be kept in penal servitude, or to suffer any punishment extending to life or limb, except for crimes which the act declares shall be so punishable. And for the enforcement of such A. of W., a power is given to the crown to erect, or grant authority to convene, courts-martial to try and punish offenses according to the articles. In order, however, to limit the power conceded to the crown in this matter, it is enacted that nothing therein contained shall be construed to exempt any officer or soldier from being proceeded against by the ordinary course of law; and that when he is accused of any offense against a subject of the realm, punishable by the laws of the land, he shall be delivered to the civil magistrate. The offenses against which these A. of W. are directed, relate to the soldier's duties and obligations; to crimes and offenses and their punishments; to courts-martial; and to rank. The crimes and offenses referred to are those against divine worship, perjury, mutiny and insubordination, desertion and absence without leave; offenses in the field, camp, garrison, or quarters; drunkenness, disgraceful conduct, false returns, billets and carriages, recruiting and miscellaneous offenses. By the 3d article it is ordered that every recruit shall, within ninety-six hours, hare the 40th aud 46th articles read to him, and shall within ninety-six hours, but not sooner than twenty four, make the following oath before some quhlified authority: "I do make oath, That I. will be faithIld and bear true allegiance to her Majesty, her heirs and successors, and that I will, as in duty bound, honestly and faithfully defend her majesty, her heirs and successors, in person, erown, and dignity, against all enemies, andwillobserve and obey all orders of her majesty, her heirs and successors, and of the generals and officers set over me. So help me God." The 191st article is to the effect that whenever any forces shall have embarked on board ships of war or transports, the officers and soldiers Shall, from the time of embarkation, strictly conform themselves to the laws and regulations established for the government and discipline of the ship; and shall consider themselves, for these purposes, under the command of the senior officer of the particular ship, as well as under the supe rior officer of the fleet (if any) to which such ship belongs. See A. of W. for the Marine
Forces.
2. A. of W. for the Marine Forces, till 1879 made under the authority of another annual mutiny act, are now regulated by the army discipline act. Unlike the A. of W. for the army, they do not issue directly from the crown, but are made by the lord high admiral, or by the commissioners for executing that office, and they are authorized so to be made by the last-mentioned mutiny act. With this exception, they are much the same as the A. of W. for the army. They relate exclusively, however, to the marine forces while on s)more, and this specialty is expressed in the preacblc of the act, which recites that " the-satil forces may frequently be quartered, or be onshore, or sent to do duty, or be on board tralisport-ships, or merchant-ships, or vessels, or they may be under other circumstances it which they will not be subject to the laws relating to the govern ment of her majesty's forces by sea." While doing duty in any of her majesty's ships or vessels in commission, the marines, like other naval forces, are subject to the A. of W. for thegovernment of the navy.
A. of W. for the Naty.—In regard to such regulations, the navy is differently situated. It is not governed by any annual mutiny act, but the A. of W. relating to it are con tained in the naval discipline act, 29 and 30 Viet. c. 109 (1866), which supplies the law of the sea-service. The naval A. of W. were eminently Draconian, but by the naval courts vastly mitigated in practice. The first naval A. of W. authorized by parliament were contained in the 13 Chas. 9, said to have been drawn up by admiral Montague, afterwards earl of Sandwich, with the approbatiod of lord chancellor Clarendon and other members of the privy council. But that statute and subsequent supplementary acts were repealed by the 22 Geo. II. c. 33, the forerunner of the later naval discipline act. See Mr. Prendergast's Law of the Navy, 1852, Part I. p. 15.
. The mutiny act and the marine mutiny act, both now superseded by the above act of 1879, vested power to make articles of war in the crown and admiralty respectively. These were very voluminous, and often merely a repetition of the clauses of the mutiny act, while including others relating to lesser crimes and punishments than there men tioned, as also more details as to the constitution and procedure of courts-martial. The army discipline and regulatiqn act has so far incorporated the mutiny acts and the arti cles published with them, that there seems but little necessity for further A. of W. to issue; Mille rules of procedure, issued by the crown, under the authority of the act, and concurred in by the admiralty, are now published with the act.