10 



New Acts of the British Legislature. [Aug. 1, 



lag of his Majeily's forces by fea, it 

 is requilite for the retainiiie ot fuch for- 

 ces in tiieir duty that an c\act difcijjlme 

 l)e obfervcd, ;ind that marines who fiiall 

 uiutiiiy, or (lir fcditioii, or defcrt, be 

 brought to a more fjicedy ami exem- 

 plary pimifhmcnt than the laws would 

 (otlierw ifcj allow : and it then proceeds 

 to en;itt, giving a coniinenccment from 

 the '^oth Nlarch^ laOfi. 



But before \\e take farther notice of 

 tlicfe ena^tinents, it will bo jjropcr to 

 Itatc generally what have been the prc- 

 cedinir provilions. 



By 13 Car. II. f. 1. c. 9, nilcs, articles, 

 and orders were enacted for the govern- 

 ment of the navv. 



And by 22 Geo. II. c. 33, an. 1749, in- 

 tituled 



*' An Acl for amending, explaining, and re- 

 ducing into one Att of I'arliaiuent, tlie 

 Lans lelaliny to the Gi)verniiieiil of his 

 Ikldjefty's Ships, V'elTeli, and Forces, by 



This and feveral other Acts on the 

 fame fubjeci were inoditicd and incorpo- 

 rated into one fyflem. 



By a claufe in this, very humane and 

 judicious (§ 3;, no perfon is to be liable 

 to a feiitence of iniprilbnnicnt for more 

 than two years. 



Many crimes are made punifliablc with 

 death bj- fentence nf a conrt-niartial ; 

 partly fuch as cxclunvoly relate to the 

 na\ai lei vice, and partly fuch as are pu- 

 iiilhablc in like manner when committed 

 by auy perfon, by the general liatute 

 law. 



AmoniT thofc punifliable with death is, 

 by Art. 11, not obeyin;^ the commander 

 in time of a<''iion, and not ufmg every 

 poliiblo endeavour to put his orders in ex- 

 ecution. 



By Art. 10, tlie conduft of every offi- 

 cer not preparinj: im- action according to 

 lifual, or not encouraging his men to 

 ii;;ht eourageoully. 



By Art. 12, every perfon not cominf; 

 into lii-'ht through cowiudicc, nceliiicnce, 

 or difatlcc! ion, or not doinj; his utmoll to 

 take and rieftroy every Ijiip of the enemy, 

 and to ailid and relieve all the King's 

 iliips and thofc of his allies. 



By Alt. VA, not purfuing an enemy, or 

 relievhi;: a friend in view. 



Dc!uyin;j: or dircouniginc the fervice on 

 account of wanes, or di-fertiiig, is, by 

 dilfcrcnt articles, puniihable in the fame 

 uia'.iucr. 



By Arts. 34 and So, mutim, difobe- 

 1 



dience, or any other of the crimes, I>y a 

 perfon on fei-vice and full pay, on lliore, 

 beinj^ part of the crew, is made pmiijh- 

 a'ble in the fame manner as if at fea. 



Thefc previous foundations cxillini:, 

 and alio aji act, an. 1701. 1 Anne, f. 2, 

 c. 16, 



" For punifliing Soldiers who fliall mutiny or 

 defert, and lor puiiifhiiig faU'e inufters, 

 and for better rayijicnt of Quarters la 

 Engldiid," 



The prefent act makes provllion, 

 founded iu great meafurc on the preced- 

 ing Itatutes. 



The chief of its own particular provi- 

 fions arc thefe. It makes defertioii (§ 7) 

 puniihable sis tranljportable felony ; and 

 return from traiifportation punilhablo 

 with death ; that is, if the court-martial 

 fhall not think it deierving of death. It 

 punilhes mutiny imd detertion, cnlilling 

 in aiiotlier regiment, ileeping on poft, or 

 leaving it before being relieved, treating 

 with the enemy without licence, corrc- 

 fponding with the enemy, ftriking or uling 

 violence to a fuperior otKcer, or difohev- 

 ing lawful commands, puuilhabie with 

 death, or futh other puniihnlcnt as a 

 court-martial may inflict. 



In a word, it adopts, in tliis refpetf, 

 the general provilions of the Mutinv Act 

 rufpeci^ing the land forces. 



it empowers the I^>rd High Admiral, 

 or three or more commiirioners (§ 3), to 

 make articles in writing for the punilh- 

 mcnt of crimes, according to the mean- 

 ing of the prclVnt act. 



It provides (§ 4) that no perfon lliall be 

 puniihable with lofs of life or limb by 

 fuch articles, wlio are not fo punifliablc 

 under the act. 



It orders (^ 22) pcrfons punifliablc ca- 

 pitally or otlierwile, under the knoun 

 hiw s of the land, to be delivered over to 

 the civil mai;iltratc. 



It dircfts them to be quartered only in 

 public houfes or alehoufcs, or houfes for 

 felling brandy or wine, with the excep- 

 tion that it he not the houfes of dillillers, 

 nor of fliftiikeepers whofe principal deal- 

 ing is not ill brandy or wjne, nor in pri- 

 vate houfes. 



It proviiies (§ 60) that Marine Forces 

 boriic as fiart of Uie- crew of a Ihip of 

 war Audi be under 22 G. 2, c. 33, al- 

 ready recited. 



It gives a claufe (§ 55) in favour of 

 pcrfons hallily cnlilling thcmfehes, like 

 that of foldiers ; by wliich they cannot 

 be brou'jlit before a magilhate to afl'ent 



