Mutiny Act 1763
| Jurisdiction | UK Non-devolved |
| Citation | 1763 c. 3 |
| Year | 1763 |
(4 Geo. 3) C A P. III.
'WHEREAS the raising or keeping a StandingArmy within this Kingdom, in Time of Peace, unless it be with Consent of Parliament, is against Law: And whereas it is judged necessary by his Majesty, and this present Parliament, that a Body of Forces should be continued for the Safety of this Kingdom, the Defence of the Possessions of the Crown ofGreat Britain , and the Preservation of the Balanceof Power inEurope ; and that the whole Number of such Forces should consist of seventeen thousand five hundred and thirty-two effective Men, including two thousand seven hundred and thirty-nine Invalids: And whereas, during the late just and necessary War in which his Majesty has been engaged against France and Spain , some Part of his Majesty's Forces, exceeding the Number aforesaid, has been employed in distant Parts beyond the Seas, which must render the Time when such Forces may return home uncertain; some of which are intended to be broke, and others reduced, as soon after such Arrival as conveniently may be: And whereas no Man can be forejudged of Life or Limb, or subjected in Time of Peace to any Kind of Punishment within this Realm, by martial Law, or in any other Manner than by the Judgment of his Peers, and according to the known and established Laws of this Realm; yet nevertheless, it being requisite for the retaining all the before-mentioned Forces in their Duty, that an exact Discipline be observed, and that Soldiers who shall mutiny, or stir up Sedition, or shall desert his Majesty's Service within this Realm, or the Kingdom of Ireland, Jersey, Guernsey, Alderney and Sard , or the Islands thereto belonging, be brought to a more exemplary and speedy Punishment than the usual Form of the Law will allow;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authorityof the same, That from and after the twenty-fourth Day ofMarch one thousand seven hundred and sixty-four, if any Person being mustered, or in Pay as an officer, or who is or shall be listed, or in Pay as a Soldier, and on the twenty-fourth Day of March one thousand seven hundred and sixty-four shall remain in such Service, or shall, during the Continuance of this Act herein after mentioned, voluntarily enter himself in his Majesty's Service as a Soldier, shall, at any Time, during such Continuance of this Act, within the Realm of Great Britain , or in the Kingdom of Ireland , or in Jersey, Guernsey, Alderney or Sark , or the Islands thereto belonging, or in the Island of Minorca , or in his Majesty's Garrison of Gibraltar , or in any his Majesty's Dominions beyond the Seas respectively, begin, excite, cause or join in any Mutinyor Sedition, in the Company Troop or Regiment whereto he doth belong, or in any other Company, Troop or Regiment in his Majesty's Service, or shall not use his utmost Endeavours to suppress the same, or coming to the Knowledge of any Mutiny, or intended Mutiny, shall not without Delay give Information thereof to his commanding Officer, or shall desert his Majesty's Service; or being a Soldieractually listed in any Regiment, Troop or Company, shall list himself in any other Regiment, Troop or Company, without a Discharge produced in Writing from the Colonel, or, in his Absence, the Field Officer commanding in Chief the Regiment, Troop or Company, in which he last served as a listed Soldier; or shall be found sleeping upon his Post, or shall leave it before relieved; or if any Officer or Soldier in his Majesty's Army shall, either upon Land, within or out ofGreat Britain , or upon the Sea, hold Correspondence with any Rebel, or Enemy of his Majesty, or give them Advice or Intelligence, either by Letters, Messages, Signs or Tokens, in any Manner or Way whatsoever; or shall treat with such Rebels or Enemies, or enter into any Condition with them, without his Majesty's Licence, or Licence of the General, Lieutenant General, or Chief Commander; or shall strike, or use any Violence against his superior Officer, being in the Execution of his Office; or shall disobey any lawful Command of his superior Officer; all and every Person and Persons so of Fending in any of the Matters before-mentioned, shall suffer Death, or such other Punishment as by a Court-martial shall be inflicted.
II The King may grant a Commission to hold a Court-martial, &c.
II. And be it further enacted by the Authority aforesaid, That his Majesty may, from Time to Time, grant a Commission under his Royal Sign Manual, to any Officer not under the Degree of a Field Officer, for the holding a General Court-martial within this Realm; and also grant his Warrant to the Lord Lieutenant ofIreland or other Chief Governor or Governors there for the Time being, or the Governor or Governors of Minorca, Gibraltar , and any of his Majesty's Dominions beyond the Seas respectively, or the Person or Persons there commanding in Chief, from Time to Time, to appoint Courts-martial in the Kingdom of Ireland , and other Places and Dominions respectively; in which Courts-martial all the Offences above-mentioned, and ail other Offences herein after specified, shall be tried and proceeded against in such manner, as by this Act shall be hereafter directed.
III Courts-martial may inflict Corporal Punishment for Immoralities, &c.
III. And be it also further enacted, That it shall and may be lawful to and for such Courts-martial, by their Sentence or Judgment, to inflict Corporal Punishment, not extending to Life or Limb, on any Soldier for Immoralities, Misbehaviour, or Neglect of Duty.
IV General Court-martial not to consist of less than 13; and the President to be a Field Officer, or Officer next in Seniority, not under the Degree of a Captain.
IV. And it is hereby further enacted and declared, That no General Court-martial which shall have Power to sit by virtue of this Act, shall consist of a less Number than thirteen, whereof none to be under the Degree of a Commission Officer; and the President of such General Court-martial. shall neither be the Commander in Chief, or Governor of the Garrison where the Offender shall be tried, nor under the Degree of a Field Officer, unless where a Field Officer cannot be had; in which Case, the Officer next in Seniority to the Commander, not being under the Degree of a Captain, shall preside at such Court-martial; and that such Court-martial shall have Power and Authority, and are hereby required to administer an Oath to every Witness, in order to the Examination or Trialof any of the Offences that shall come before them.
V Officers to be sworn.
V. Provided always, That in all Trials of Offenders by General Courts-martial, to be held by virtue of this Act, every Officer present at such Trial, before any Proceedings be had thereupon, shall take the following Oaths upon the Holy Evangelists, before the Court, and Judge Advocate, or his Deputy (who are hereby authorized to administer the same) in these Words; that is to say,
'YOU shall well and truly try and determine, according to your Evidence in the Matternow before you, between our Sovereign Lord the King's Majesty, and the Prisoner to be tried:
So help you G O D. '
'IA. B. do swear, That I will duly administer Justice, according to the Rules and Articlesfor the better Government of his Majesty's Forces, and according to an Act of Parliament now in force for the Punishment of Mutiny and Desertion, and other Crimes therein mentioned, without Partiality, Favour or Affection; and if any Doubt shall arise, which is not explained by the said Articles or Act of Parliament, according to my Conscience, the best of my Understanding, and the Custom of War in the like Cases: And I further swear, That I will not divulge the Sentence of the Court until it shall be approved by his Majesty, the General, or Commander in Chief; neither will I, upon any Account, at any Time whatsoever, disclose of discover the Vote or Opinion of any particular Member of the Court-martial, unless required to give Evidence thereof, as a Witness, by a Court of Justice in a due Course of Law:
So help me G O D. '
And so soon as the said Oaths shall have been administered to the respective Members, the Presidentof the Court is hereby authorized and required to administer to the Judge Advocate, or the Person officiating as such, an Oath, in the following Words:
'IA. B. do swear, That I will not, upon any Account, at any Timewhatsoever, disclose or discover the Vote or Opinion of any particular Member of the Court-martial, unless required to give Evidence thereof, as a Witness, by a Court of Justice, in a due Course of Law:
So help me G O D. '
And no Sentence of Death shall be given against any Offender in such Case by any GeneralCourt-martial, unless nine Officers present shall concur therein; and if there be more Officers present than thirteen, then the Judgment shall pass by the Concurrence of two Thirds of the Officers present; and no Proceeding or Trial shall be had upon any Offence, but between the Hours of Eightof the Clock in the Morning and Three in the Afternoon, except in Cases which require an immediate Example.
VI The Party tried, intitled to a Copy of the Sentence and Proceedings of the Court-martial.
VI. Provided always, That the Party tried by any General Court-martial in...
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