MUTINY ACT, the, is a series of re gulations which, from year to year, are enacted by the Imperial Parliament of Great Britain for the government of the military force of the country.
Laws have, at various times, been made by the authority of the crown for the maintenance of discipline in the army when in garrison, on a march, and in the presence of an enemy ; these may be seen at length in Grose's ' History of the English Army' (vol. ii.) ; but the code which is now in use is one of the first-fruits of the Revolution in 1688. Previously to that event the crown, except dung the Civil Wars and the subsequent Protectorate, had, at least practically, the supreme power over the militia (that is, over the whole military force), which, with or without the con sent of the nation, might be called out and employed as long as pay and quarters could be obtained for the troops. But the efforts then recently made to main tain and extend the power in the crown, joined to the increasing jealousy of the people for their civil and religious liber ties, led the two houses of parliament to take the earliest opportunity, after the new king had been called to the throne, of expressing in some act of legislation their authority over the regular troops of the nation ; and an opportunity almost immediately presented itself. on a serious act of mutiny taking place in the army. The Royal Scotch and Dumbarton's regi ments, under Marshal Scomberg, in their progress to the coast for the purpose of being embarked for Holland, being quartered at Ipswich, a large body of men, refusing to proceed to their desti nation, disarmed their officers, seized the military chest, and, with four pieces of cannon, began their march for Scotland. Being pursued by General Ginckel, with three regiments of Dutch dragoons, they surrendered at discretion ; but, in conse quence of this event, an Act was imme liately passed (April 12th, 1689) by which the army was put under the con trol of the law with respect to discipline, and under its protection with respect to pay and quarters.
The enactments of this bill were par ticularly directed against mutiny and desertion, for which the bill was imme diately required ; but the Act itself begins by laying down as maxims that the raising or keeping a standing army in the country in time of peace, unless it be with the consent of parliament, is against law; and that no man can be forejudged of life or limb, or subject to any kind of punish ment, in any other manner than accord ing to the established laws of the realm. It then states that it is judged necessary by their majesties and their parliament, during the present time of danger and for the defence of the Protestant reli gion, to continue and augment the forces which are now on foot.
Avoiding the acknowledgment that any power exists in the crown for the appointment of courts-martial, the act authorises their majesties to grant commissions to general officers to as semble such courts for the purpose of trying and punishing such offences as mutiny and desertion. Provisions are also made that nothing in the Act shall exempt an officer or soldier from the ordinary processes of law ; that it shall not concern the militia troops, and that it shall only continue in force till the 10th of November in the same year.
The Act has ever since, with one ex ception, been annually renewed ; after the bill which passed in April, 1697, for one year as usual. had expired, no other was passed till March, 1702 ; and on a few occasions, the bill has been suf fered to expire for several days before the following one received the royal assent.
The Mutiny Act has varied in many Particulars from that which was first passed, but it has been uniform in all its principal points ; such as the dependence of a standing any on the consent of parliament, and the subjection of military men to all the processes of ordinary law. Instead however of the original formula above mentioned, by which the reason of keeping up a military force was expressed, tree Act now asserts that it is judged necessary by the crown and parliament to continue a body of forces (the number being exactly specified) for the safety of the United Kingdom and the preservation of the balance of power in Europe. In all the Acts which passed down to the commencement of Queen Anne's reign the articles were few in number, and some of them were very ill defined. But in Anne's reign many new articles were inserted ; others have since been added, as the want became apparent; and the Mutiny Act may now be considered as a general code of law, in which are good strictly but briefly all military offences of the higher class, and, as precisely as possible, nearly all those of minor importance. The military of fences of the higher class, thirteen in number, consist in a commissioned or non-commissioned officer, or a soldier, ex citing mutiny, or not using his best en deavours to suppress it ; in misbehaving before an enemy ; abandoning or deliver ing to the enemy any garrison, fortress, or post; compelling or using means to induce the governor of such garrison to do so ; quitting his post without leave, or sleeping at his post; holding corre spondence with the enemy, or entering into terms with the enemy without li cence • striking a superior officer, or disobeying his lawful commands ; and, finally, in deserting the service. For all these offences the Act prescribes "death, or such other punishment as a general court-martial shall award." A clause of the Act enumerates the military offences of minor importance which may be tried before a district or garrison court-martial : these consist in a non commissioned officer or soldier wilfully maiming himself, or tampering with his eyes ; malingering, or feigning disease ; stealing government stores ; stealing from an officer or a comrade ; procuring false accounts ; embezzling public money ; and, lastly, in any fraudulent or disgrace ful conduct. For these offences may be awarded corporal punishment. imprison ment, forfeiture of the additional pay to which, for length of service, the indi vidual might be entitled, and forfeiture of pension on being discharged. And in another clause it is stated that im prisonment, with or without hard labour, or solitary confinement, may be awarded by regimental courts-martial for drunk enness, or insubordination on parade or on the line of march.