Beside the above laws, which relate particularly to the discipline of the army, the Act defines the constitution and powers of courts-martial ; it contains clauses relating to the enlistment of re cruits, the issue of pay and marching money, the quartering of soldiers, and the supplying of carriages for the conveyance of troops and baggage The Act more over contains a repetition of the original clause in which it is declared that the ordinary course of law is not to be in terfered with when a soldier is accused of a capital crime ; and it states that a man cannot be taken from the service for a debt under 301.
The Mutiny Act is declared to be ap plicable to all persons employed in the recruiting service ; to the forces of the East India while in any part of the United Kingdom, and till their arrival in the territories of the Company ; to the officers and men employed in the service of the artillery and engineers; in the corps of sappers and miners ; to the military surveyors and draughtsmen in the ordnance department ; and to foreign troops serving in any part of the British dominions abroad. Its provisions are also stated to extend to the islands of Guernsey, Jersey, Alderney, Sark, and Man. In one of the clauses it is ex pressly mentioned that nothing in the act extends to any of the militia forces, or yeomanry, or volunteer corps in Great Britain or Ireland ; it is under stood, however, that its provisions are applicable to the corps of marines when on shore, and also to officers holding, rank by brevet, though not to such as are on half-pay. An effort was made in 1749, when the bill was introduced as usual into parliament, to subject officers of this class to martial law, but the clause was abandoned by the minister. Before the union of Ireland with Great Britain there was a separate Mutiny Act for the former country, but now the same act applies to both.. The officers and troops of the East India Company are subject to their own Mutiny Act, which, however, agrees exactly with that of the government forces.
Previously to the year 1750 the mem bers of courts-martial were bound by an oath not to disclose the ground on which they gave their votes ; but in that year the act was so far mitigated as to release them from such oath when required to give evidence in any court of justice or court-martial. The power of dis closing, in that case only, the votes or opinions given is implied in the forms of the oaths which are now taken by the judge-advocate and members of the court-martial, and which are printed among the schedules to which the act refers. The act of the same year also contains a clause, in which it is stated that no sentence pronounced by a court martial, and signed by the president, shall be more than once revised; pre viously to that time a general officer had power to order the revisal of any sen tence as often as he pleased, and thus he might retain in confinement a man who had been acquitted ou a fair trial.
The gradual extension of the pro visions of the Mutiny Act to those mili tary offences which may be considered as secondary in the scale does not seem to have been noticed on behalf of the crown further than by the occasional re servation of its right to make Articles of War for the better government of the forces, which is expressed in the acts during the reign of Queen Anne. In first year of George I. this right of the crown was formally allowed ; and the clause containing it has been repeated in all subsequent mutiny acts, with the provision that no person within the United Kingdom and British Isles shall be sub ject to transportation, or to any punish ment affecting life or limb, for crimes specified in the Articles of War, except such as by the Mutiny Act itself are liable to the same punishments.
The Articles of War which are at present in force, and which have from time to time been promulgated, are divided into twenty-four sections. Many of these correspond exactly to clauses in the Mutiny Act; others, though relating to subjects in the latter, define the par ticulars of the crime and the punishment applicable to it with more precision ; anu there are articles which have no counter parts in the act. The first section of the Articles of War relates to divine worship, frequent attendance on which is pre scribed, and punishments are awarded for profaning the places in which it is celebrated, as also for scandalous or vicious behaviour in a chaplain. The seventh section contains fifteen articles relating to quarrels and the sending of challenges ; and the fourteenth contains twenty-one articles concerning the duties of troops in quarters or in the field. Many of these articles prescribe for the offence " death, or such other punish ment as a court-martial may award;" and two of them prescribe death, without leaving any discretion to the court. The first of the crimes here mentioned is that of doing violence to persons bringing provisions to the camp, and the other is that of ill-treating a person to whom a safe conduct has been granted ; the army in both cases being on service in foreign parts. The fifteenth section settles the relative rank of officers in the regular army ; and the twenty-second the rank of officers in the royal army and in that of the East India Company, when serving together. The twenty-third section ap points that officers and soldiers while employed on board any ships having a royal commission shall conform to the laws and regulations established for the government and discipline of the navy.
The above articles, being made by the crown as head of the army, or by the commander-in-chief, are to be obeyed as being the commands of a superior officer ; but the writers on military law observe that the legality of the articles may itself become the subject of examination in a court-martial, whereas the Mutiny Act must be obeyed without inquiry. In this particular therefore the Articles of War are to be distinguished from the Act ; and whatever case may occur, the letter only of the law, as contained in the Act must be followed in awarding the punish ment due to a crime affecting life.
The bill on which are founded the Articles of War for the Navy was passed in the 22nd Geo. 11., and this consoli dated all the laws previously made for the government of the ships and vessels bearing royal commissions, as also of the forces at sea. Among the offences which in the Act constitute the crime of mutiny, are the running away with the ship, or with any ordnance, ammunition, or stores belonging to the same ; neglect of duty, joining in or using means to produce any mutinous assemblage of persons, uttering mutinous or seditious words, or conceal ing any mutinous intention, and striking an officer or disobeying his lawful com mands. Of the thirty-six articles, nine relate to crimes for which the punish ment of death, without discretion in the court-martial, is awarded ; and there are twelve to which are assigned " death, or such other punishment as the nature and degree of the crime shall be found to de serve." Two of these were originally in the former class, and the qualifying clause was added in the 19th Geo. 111. Except this alteration, none has been made in the navy act since it was passed.