Foreign Enlistment Act 1870
Encyclopedia
The Foreign Enlistment Act 1870 (33 & 34 Vict. c.90) is an Act of Parliament
of the Parliament of the United Kingdom
that seeks to regulate mercenary
activities of British citizens.
It received the royal assent
on 9 August 1870.
n wars of independence against Spain
. Trained officers of what was then regarded as the strongest military in the world were organising insurgents against Spain- and causing a major headache to the Spanish expeditionary forces. The act made it a crime for any citizen of the United Kingdom of Great Britain and Ireland
to enlist themselves in a foreign military.
Problems with evidence prevented the British government from convicting enlistees to the French Foreign Legion
or those thousands who joined the fight against Francisco Franco
in Spain.
The Privy Council has claimed the act to be an "antiquated piece of legislation...passed on the outbreak of the Franco-Prussian war
."
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that seeks to regulate mercenary
Mercenary
A mercenary, is a person who takes part in an armed conflict based on the promise of material compensation rather than having a direct interest in, or a legal obligation to, the conflict itself. A non-conscript professional member of a regular army is not considered to be a mercenary although he...
activities of British citizens.
It received the royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 9 August 1870.
Background
Numerous former members of the UK armed forces had fought in the South AmericaSouth America
South America is a continent situated in the Western Hemisphere, mostly in the Southern Hemisphere, with a relatively small portion in the Northern Hemisphere. The continent is also considered a subcontinent of the Americas. It is bordered on the west by the Pacific Ocean and on the north and east...
n wars of independence against Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
. Trained officers of what was then regarded as the strongest military in the world were organising insurgents against Spain- and causing a major headache to the Spanish expeditionary forces. The act made it a crime for any citizen of the United Kingdom of Great Britain and Ireland
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
to enlist themselves in a foreign military.
Failure
The bill has achieved a degree of fame in the United Kingdom for being impossible to enforce. Although some were tried for breaching its provisions, the last such trial was in 1896. A Privy Council report claimed that no successful prosecutions came from the act.Problems with evidence prevented the British government from convicting enlistees to the French Foreign Legion
French Foreign Legion
The French Foreign Legion is a unique military service wing of the French Army established in 1831. The foreign legion was exclusively created for foreign nationals willing to serve in the French Armed Forces...
or those thousands who joined the fight against Francisco Franco
Francisco Franco
Francisco Franco y Bahamonde was a Spanish general, dictator and head of state of Spain from October 1936 , and de facto regent of the nominally restored Kingdom of Spain from 1947 until his death in November, 1975...
in Spain.
The Privy Council has claimed the act to be an "antiquated piece of legislation...passed on the outbreak of the Franco-Prussian war
Franco-Prussian War
The Franco-Prussian War or Franco-German War, often referred to in France as the 1870 War was a conflict between the Second French Empire and the Kingdom of Prussia. Prussia was aided by the North German Confederation, of which it was a member, and the South German states of Baden, Württemberg and...
."
External links
- "The Foreign Enlistment Act and the Spanish Civil War, 1936–1939", Twentieth Century British History, 1999, 10(1):52-66.