Page images

courts martial, or to grant commissions under his sign manual for the holding of general courts martial; or empowering the chief governor of Ireland, or governor of Gibraltar, or the other dominions of the king, or the commander of the forces, or the general, or other officers not below the degree of field-officers, to convene general courts martial, with power to try and determine any crimes or offences by such articles of war, and to inflict penalties by sentence of the same, within Great Britain and Ireland, in Jersey, Guernsey, Alderney, Sark, or Man, and the islands thereto belonging, and in Gibraltar or any of his dominions, beyond the seas or elsewhere. But by s. 32. no person shall, by such articles of war, be subjected to any punishment extending to life or limb, within Great Britain and Ireland, Jersey, Guernsey, Alderney, Sark, or Man, or any of the isles thereto belonging for any crime which is not expressed to be so punishable by this act; nor for such crimes as are expressed to be so

punishable, in any other manner than according to the 18. 13. & 14. provisions of this act. By s. 13. this act shall not exempt

..any officer or soldier from being proceeded against by the Officers, &c. in cerlain cases pro- ordinary course of law. And by s. 14. if any officer, ceeded against by the ordinary non-com

non-commission officer, or soldier shall be accused of course uf. law. any capital crime, or of any offence against the person,

estate or property of any of his majesty's subjects, which is punishable by the laws of the land, the commanding officer of the regiment or party shall use his best endeavours to deliver over such person to the civil magistrate, and shall be aiding to the officers of justice in apprehending such offender; and in case such commanding officer shall be convicted of neglect or refusal so to do in any of his majesty's courts at Westminster or in Scotland or Dublin, he shall be ipso facto cashiered, and disabled to hold any office civil or military within the united kingdom; and a certificate of such conviction shall be transmitted to the judge advocate in London, if the conviction be in Great Britain, or to the judge advocate in Dublin, if such conviction shall be in Ireland. Bys. 15. no person being acquitted or convicted of any crime or offence by the civil magistrate, shall be punished by a court martial for the same, otherwise


$. 15.


than by cashiering. This mutiny act' (s. 41.) also recites the s. 41. Petition of Right 3 Car. 1. Eng. by which it is enacted :

Billetting resand declared, that the people of the land are not by the trained and relaws to be burthened with the sojourning of soldiers & against their wills; and further recites a clause of the 31 Car. 2. Eng. which declared and enacted that no officer civil or military, nor other person should presume to place, quarter, or billet any soldier upon any subject or inhabitant of the realm, without his consent; but for as much as during the continuance of this act, there may be occasion of marching and quartering regiments, &c. in several parts of the united kingdom, it therefore provides for billetting the officers and soldiers in his majesty's service, in England, &c. on inns, livery-stables, aletrouses, victualling houses, and the houses of sellers of wine by retail, (except freemen of the company of vintners of London,) and on the houses of persons selling brandy, strong water, cider, or metheglin by retail, but not on other shopkeepers, nor on distillers, who do not permit tippling, not on any private houses; such billetting to be under the direction of constables and chief magistrates, and subject to the controul of the justices of peace of the division, city, or liberty. And by's. 68. the quartering of soldiers s.68. in Ireland shall be as provided by the laws in force at the

Billetting in time of the union. The annual mutiny acts in Ireland Ireland. (of which the 21 & 22 Geo. 3. c. 43. Ir. was the first) contained a recital of the 6 Ann. c. 14. Ir. which declared and enacted that no officer, soldier, or trooper, nor the servant of any officer, nor any attendant on the train of artillery, nor any yeoman of the guard of battle-axes, or officer commanding them, or servant of such officer, should be allowed any quarters save only wbile they should be on their march, or while remaining in some sea-port town in order to be transported, or during such time as there should be any commotion in the kingdom. But the 40 Geo. 3. c. 7. Ir. and the prior mutiny acts, authorized the billetting his majesty's troops in inns, livery-stables, ale-houses, and on sellers of wine by retail to be drunk in their own houses or places, and on persons selling brandy, strong waters, cider or metheglin by retail; and if not sufficient room therein, then in sach manner as 'heretofore


customary. One other branch of the mutiny act may be

here also adverted to, which allows a locus penitentiæ to in those who shall hastily enlist themselves, and thereby

restrains any improper attempts to trepan men into the s. 72 şervice. By the 48 Geo. 3. c. 15. s. 72. U. K. when any

zur person shall be enlisted as a soldier, he shall within 4 of persons has- days, but not sooner than 24 hours, after such enlisting, tily enlisting themselves.

be carried before some justice of peace of any county, &c, or chief magistrate of any city or town corporate, residing or being next to, or in the vicinity of the place wbere such person shall have been enlisted, and not being an officer in the army, before whom he shall be at liberty to declare his dissent to such enlisting;, and upon such declaration and returning the enlisting money, and payjog 20s. for the charges expended upon him, such person shall be forthwith discharged in the presence of such justice, &c.; but if such person shall refuse or neglect within 24 hours to return and pay such money, he shall

be deemed to be enlisted, as if he had given his assent s. 73. thereto. And by s. 73. if any person shall receive the

enlisting money from any person employed in the recruiting service, (knowing it to be such) and shall abscond, or refuse to go before such justice, &c. in order to declare his assent or dişsent, he shall be taken to be enlisted, and proceeded against, as if he had taken the oaths hereby directed to be taken. ,

VII. As to the maritime state the 5 Ric, 2. st. 1.c. 3. E. & I. Alanning of the 6 Ric, 2. st. 1. c. 8. E. & I. and, 14 Ric, 2. c. 6. E. & I. which

[ocr errors]

prohibited the king's subjects from shipping any merchandize out of, or into, or within the realm, but only in ships of the kings ligeance, (if such should be found sufficient) on pain of forfeiture, were passed, as the first of these statutes declared, in order to increase the navy of England which was then greatly diininished: And the 4 Hen. 7. c. 10. E. &.l. which prohibited the wines of Guienne or Gascoigne, and Tholouse, woad to be brought into England but in ships whereof the king or his subjects were owners, and the master and mariners for the most part natives, was prefaced with the preamble “ that great minishing and decay hath been now of late time of the navy of this realm of England, and idleness of the ma


riners within the same, by the which this noble realm within short process of time, without reformation be had therein, shall not be of ability nor of strength and power to defend itself:" and these politic provisions were confirmed by the 23 Hen. 8. c. 7. Eng, and 32 Hen. 8. c. 14. Eng. But the principal navigation act is the 12 Car. 2: 12 Car. 2. c.1$. c. 18. Eng.* which“ for the increase of shipping and en-sto couragement of the navigation of this nation, wherein Navigation act. under the good providence and protection of God, the wealth, safety, and strength of this kingdom is so much concerned," enacts (s. 1.) that no goods shall be imported into, or exported out of any plantations or territories Goods imported

into or exported which belong to the king in Asia, Africa, or America, from foreign set


t lements, in Bri. but in ships belonging to the people of England, &c. or list Ireland, or which are of the built of and belonging to any of said plantations, &c. as the proprietors thereof, and whereof the master, and three-fourths of the mariners at least, are English; under the penalty of the forfeiture of all the goods which shall be imported inito, or exported out of any of the aforesaid places in any other ship, as also of the ship with all its tackle, ammunition, and ap. parel; 1-3d thereof to the king; 1-3d to the governor of such plantation, &c. in case the ship or goods be there. seized, or otherwise that third part also to the king; and the other 3d to him or them who shall seize, inform and sue for the same in any court of record by action, &c.; and all commanders at sea are required to seize and bring in as prize all such ships as shall have offended contrary hereunto, and deliver them to the court of admiralty, there to be proceeded against; and in case of condem-. nation one moiety of such forfeitures shall be to the use of such commanders, and their companies, to be divided according to the rules of the sea in case of ships taken prize; and the other moiety to the king. By s. 3. no - 8.3. goods of the growth, production, or manufacture of Asia,

> Goods imported Africa, or America, shall be imported into England, &c. into Eng'and, or Ireland, Guernsey, or Jersey, in any other ship but in shipping. such as shall belong to the people of England, &c. or Ireland, or of any of the king's plantations or territories, and whereof the master and three-fourths of the mariners

are *Farious statutes lave di ponsed with this act as to particular goods, and place,

8. 4.


are English, upon pain of forfeiting such goods, and the vessel with its guns, &c. one moiety to the king, and the other to him or them that shall seize, inform or sue for the same by action, &c. in any court of record. And by s. 4. (as explained by the 19 Geo. 3. c. 48. Eng.) no goods

that are of foreign growth, &c. and are to be brought into Goods of other countries import. England, &c. Ireland, Guernsey, or Jersey, in English ed directly.

built shipping, or other shipping belonging to said places, and navigated by English mariners, shall be brought from any other places but those of the growth, &c. or from those ports where the said goods can only, or are, or usually have been first shipped for transportation, nor

unless manufactured in the country of which they are s. 6. the growth, under such penalty as in s. 3. By $. 6.

it shall not be lawful to load in any ships, whereof any Goods carried coastwise in strangers, (unless such as be denizens or naturalized) be

pping owners, part owners, or master, and whereof three-fourths

of the mariners be not English, any goods from one port or creek of England, &c. Ireland, Guernsey, or Jersey, to another port, &c. of the same under such penalty as in s. 3. supra. And by s. 7. where any privi

lege is given in the book of rates to English built shipEnglish shipping and Eng. ping (that is shipping built in some of the king's domilish mariners defined.

nions) it is to be understood that three-fourths of the mariners shall be also English; and where it is required that three-fourths of the mariners shall be English, the true meaning is, that they shall be such during the whole voyage, unless in case of sickness, death, or being taken prisoners in the voyage, to be proved by the oath of the master or other chief officer of such ships. This act also

increased the aliens duty upon certain articles, which has *Pide page 194 been done away as already observed;* but an additional

duty is still payable upon several articles when imported in foreign shipping, by the several acts which regulate

the duties of customs payable in England and Ireland. 13 Gen. 2. c. 3. The 13 Geo. 2. c. 3, s, 1. & 4. Eng. provides, that when $. 1. & 4. Eng...

it is necessary to declare war against any foreign power, Exception in it shall be lawful for the king (notwithstanding the 12 lime of war.

Car 2. c. 18.) to publish a proclamation, to permit all trading vessels, and privateers, to be manned with foreign seamen during the war, so as the number of such foreign


« PreviousContinue »