Mutiny Act 1807
| Jurisdiction | UK Non-devolved |
(47 Geo. 3 Session 1) C A P. XXXII.
[23d March 1807]
'WHEREAS the raising or keeping a standing Army within the United Kingdom ofGreat Britain and Ireland in Time of Peace, unless it be with the 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 the United Kingdom, the Defence of the Possessions of His Majesty's Crown, and the Preservation of the Balance of Power in Europe ; and that the whole Number of such Forcesshould consist of One hundred and thirteen thousand seven hundred and ninety-five effective Men: And whereas during the late War in which His Majesty has been engaged, 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 broken, 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 Judgement 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, be brought to a more exemplary and speedy Punishment than the usual Forms 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 if any Person who is or shall be commissioned or in Pay as an Officer, or who is or shall be listed or in Pay as a Non-commissioned Officer or Soldier, shall, at any Time during the Continuance of this Act, begin, excite, cause, or join in any Mutiny or Sedition in any Regiment, Troop or Company, either of His Majesty's Land or Marine Forces, 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 misbehave himself before the Enemy; or shall shamefully abandon or deliver up any Garrison, Fortress, Post, or Guard committed to his Charge, or which he shall be commanded to defend; or shall compel the Governor or Commanding Officer of any Garrison, Fortress, or Post, to deliver up to the Enemy, or to abandon the same; or shall speak Words, or use any other Means to induce such Governor or Commanding Officer, or others, to misbehave before the Enemy, or shamefully to abandon or deliver up any Garrison, Fortress, Post, or Guard committed to their respective Charge, or which he or they shall be commanded to defend; or shall leave his Post before relieved; or shall be found sleeping on his Post; or shall hold Correspondence with, or give Advice or Intelligence to any Rebel or Enemy of His Majesty, either by Letters, Messages, Signs, or Tokens in any Manner or Way whatsoever; or shall treat or enter into any Terms with such Rebel or Enemy, without His Majesty's Licence, or Licence of the 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; or shall desert His Majesty's Service; all and every Person and Persons so offending in any of the Matters before mentioned, whether such Offence shall be committed within this Realm, or in any other of His Majesty's Dominions, or in Foreign Parts, upon Land, or upon the Sea, shall suffer Death; or such other Punishment as by a Court-martial shall be awarded.
II Soldiers enlisting in any other Regiment, &c. deemed Deserters.
II. Provided, and it is hereby declared and enacted, That any Non-commissioned Officer or Soldier, inlisted or in Pay in any Regiment, Troop, or Company, who shall, without having first obtained a regular Discharge therefrom, inlist himself in any other Regiment, Troop, or Company, shall be deemed to have deserted His Majesty's Service, and shall in like Manner suffer Death, or such other Punishment as by a Court-martial shall be awarded.
III Deserters who shall enlist in another Regiment, &c. may be punished by a Court-martial in such Regiment, &c.
III. 'And whereas Doubts have arisen whether Soldiers, who of Right belong to another Corps in which they first inlisted, and from which they have not obtained a Discharge, may be proceeded against and tried for deserting any Corps in which they may afterwards have inlisted, or for any Crime committed by them whilst serving therein;' be it enacted by the Authority aforesaid, That if any Person who is or shall be listed or in Pay, as a Soldier, in any Regiment, Troop, or Company, in His Majesty's Service, shall desert the same, or shall, while serving therein, commit any Offence against this Act, or against the Rules or Articles of War, such Person shall be liable to be tried by a Court martial, and punished in like Manner as if he had originally inlisted in, and of Right belonged to the same, notwithstanding it shall have been discovered or known that he had previously belonged to some other Regiment, Troop, or Company, and had not been discharged therefrom: Provided always, that if such Person shall be claimed by such other Regiment, Troop, or Company, and be proceeded against as a Deserter therefrom, his subsequent Desertion from any One or more Corps in which he may have unwarrantably inlisted, may (unless he shall already have been tried for the same) be given in Evidence as an Aggravation of his Crime; previous Notice being always given to such Deserter of the Fact or Facts intended to be produced in Evidence upon his Trial.
IV Deserter may be transported;
IV. And be it further enacted and declared, That in the Case of any Non-commissioned Officer or Soldier tried and convicted of Desertion, whensoever the Court-martial, which shall pass Sentence upon such Trial, shall not think the Offence deserving of capital Punishment, such Court-martial may, instead of awarding a corporal Punishment, adjudge the Offender, according to the Nature of the Offence, if they shall think fit, to be transported as a Felonfor Life, or for a certain Term of Years; and also, if such Court shall think fit, to be, at the Expiration of such Term of Years at the Disposal of His Majesty for Service as a Soldier in any of His Majesty's Forces at Home or Abroad, for Life or otherwise, as His Majesty shall think fit, and, as such Soldier, to be subject to any Law or Articles of War for the Punishment of Mutiny and Desertion: And if such Non-commissioned Officer or Soldier, having been adjudged to be transported as a Felon, shall afterwards (without Leavefrom His Majesty, or from the Governor or Commanding Officer of the Place to which he shall have been transported) return into or be found at large without Leave as aforesaid, or other lawful Cause, within any Part of the United Kingdom ofGreat Britain and Ireland , before the Expiration of the Term limited by such Sentence, and shall be convicted thereof in the ordinary Course of Law, every such Person shall be deemed and adjudged guilty of Felony, and shall suffer Death as a Felon without Benefit of Clergy.
V His Majesty, where Courts-martial award a capital Punishment, may order Offenders to be transported.
V. Provided, and be it enacted, That in all Cases wherein a capital Punishment shall have been awarded by a Court-martial, it shall be lawful for His Majesty, instead of causing such Sentence to be carried into Execution, to order the Offender to be transported as a Felon for Life, or for a certain Term of Years, as to His Majesty shall seem meet; and if the Person so transported in pursuance of such Order from His Majesty, shall afterwards (without Leave from His Majesty, or from the Governor or Commanding Officer of the Place to which he shall have been transported) return into or be found at large without Leave as aforesaid, or other lawful Cause, within any Part ofGreat Britain or Ireland , before the Expiration of the Term limited by such Order, and shall be duly convicted thereof, he shall suffer Death as a Felon without Benefit of Clergy.
VI A Mark shall be affixed on the Body of Deserters for a Second Offence.
VI. And be it further enacted, That it shall be lawful for any Court-martial, before which any Non-commissioned Officer or Soldier, who shall have been tried for Desertion, and convicted thereof, shall be again tried and convicted of Desertion, to direct, if it shall so think fit, in addition to any other Punishment such Court may award for any such subsequent Desertion, that such Deserter be marked on the left Side, two Inches below the Arm-pit, with the Letter (D.) such Letter not to be less than Half an Inch long, and to be marked upon the Skin with some Ink or Gunpowder, or other Preparation, so as to be visible and conspicuous, and not liable to be obliterated.
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