Mutiny Act of 1765
Encyclopedia
The Mutiny Acts were a series of annual Acts
passed by the Parliament of England
, the Parliament of Great Britain
, and the Parliament of the United Kingdom
for governing the British Army
.
The first Mutiny Act was passed in 1689 in response to the mutiny of a large portion of the army which stayed loyal to James II
upon William III
taking the crown of England
.
William the Conqueror was assisted in his legal duties by the Aural Regis or King's Court. Over time this court divided and developed specialized legal expertise. King Edward I created a Court of Chivalry headed by the Lord High Constable and the Earl Marshall, two members of the King's Court. The Court of Chivalry had authority over cases of military law, chivalry, heraldry, and murder or high treason overseas. Meanwhile courts of equity, overseen by the chancellor
, and courts of common law developed. These courts governed civilians.
Although common law
governed civilians it did not control military forces as such. The army was seen as the crown's personal force. Therefore its governance was the crown's royal prerogative
. The crown governed the military by publishing articles of war
. These articles were orders to the army for a specific war or campaign. The Court of Chivalry assisted the crown in preparing these articles and enforcing them. Although harsh, the articles were clear in their expectations for military personnel. However, these articles were used arbitrarily against civilians at various times. This encroached on the power and jurisdiction
of the English courts of common law. The capricious use of these harsh laws by the crown, especially during the reign of the Tudors and Stuarts, caused an outcry against both military law and martial law which were not yet seen as separate entities. William Blackstone
complained,
This abuse of the crown's prerogative caused Parliament to pass the Petition of Right
in 1627. This act stated that neither civilians nor soldiers and officers who were in England during peace were subject to military courts or law. In other words, only common law courts and courts of equity could exercise authority over individuals in peacetime England. Military law did not apply to anyone in England since only military courts could enforce the Articles of War.
replaced King James II
in 1688 during the Glorious Revolution
. A number of Scottish troops refused to obey orders from William III to fight in Holland, believing James II to be the true monarch. Instead, these troops marched home. Since these troops were located in England during peacetime the military laws that made these acts illegal could not be enforced against them. Common law did not make mutiny a crime. Therefore no legal action could be taken to stop them.
Parliament responded by passing the Mutiny Act of 1689. This act made desertion, mutiny, and sedition of officers and soldiers crimes which were triable by court-martial and punishable by death.
prohibited the existence of a standing army during peacetime without the consent of Parliament, the each Mutiny Act was expressly limited to one year's duration. As a result, Parliament was asked annually to approve a new Mutiny Act for the coming year. The Articles of War, published by the crown, continued to govern military forces overseas.
A new Mutiny Act was passed each year until 1879. The Mutiny Act was soon modified to allow courts-martial for other crimes besides mutiny, sedition, and desertion. Modifications to the Mutiny Act soon allowed courts-martial trial of soldiers for acts prohibited by the Crown’s articles of war, as long as the articles conformed to the Mutiny Act in 1718. Civilians who were closely associated to the military, such as victualler
s, could also be tried by courts-martial.
In 1807 all serving black soldiers recruited as slaves in the West India Regiment
s of the British Army were freed under that year's Mutiny Act.
s because of the amendments in them adding quartering requirements for British troops in the American Colonies.
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...
passed by the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
, the Parliament of Great Britain
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
, and 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...
for governing the British Army
British Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
.
The first Mutiny Act was passed in 1689 in response to the mutiny of a large portion of the army which stayed loyal to James II
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
upon William III
William III of England
William III & II was a sovereign Prince of Orange of the House of Orange-Nassau by birth. From 1672 he governed as Stadtholder William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic. From 1689 he reigned as William III over England and Ireland...
taking the crown of England
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
.
Background
Military law, law governing armed forces, and martial law, military control of society, have not always been independent. This was at least in part because the civilian ruler was the military commander. European rulers began separating the control of the armed forces from the control of the population as the medieval period drew to a close. The first code that specifically regulated military personnel was the French ordonnance of 1378. Eventually, civilian codes and courts gained power at the expense of military law and control.William the Conqueror was assisted in his legal duties by the Aural Regis or King's Court. Over time this court divided and developed specialized legal expertise. King Edward I created a Court of Chivalry headed by the Lord High Constable and the Earl Marshall, two members of the King's Court. The Court of Chivalry had authority over cases of military law, chivalry, heraldry, and murder or high treason overseas. Meanwhile courts of equity, overseen by the chancellor
Chancellor
Chancellor is the title of various official positions in the governments of many nations. The original chancellors were the Cancellarii of Roman courts of justice—ushers who sat at the cancelli or lattice work screens of a basilica or law court, which separated the judge and counsel from the...
, and courts of common law developed. These courts governed civilians.
Although common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
governed civilians it did not control military forces as such. The army was seen as the crown's personal force. Therefore its governance was the crown's royal prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
. The crown governed the military by publishing articles of war
Articles of War
The Articles of War are a set of regulations drawn up to govern the conduct of a country's military and naval forces. The phrase was first used in 1637 in Robert Monro's His expedition with the worthy Scots regiment called Mac-keyes regiment etc. and can be used to refer to military law in general...
. These articles were orders to the army for a specific war or campaign. The Court of Chivalry assisted the crown in preparing these articles and enforcing them. Although harsh, the articles were clear in their expectations for military personnel. However, these articles were used arbitrarily against civilians at various times. This encroached on the power and jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
of the English courts of common law. The capricious use of these harsh laws by the crown, especially during the reign of the Tudors and Stuarts, caused an outcry against both military law and martial law which were not yet seen as separate entities. William Blackstone
William Blackstone
Sir William Blackstone KC SL was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of England. Born into a middle class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke...
complained,
This abuse of the crown's prerogative caused Parliament to pass the Petition of Right
Petition of right
In English law, a petition of right was a remedy available to subjects to recover property from the Crown.Before the Crown Proceedings Act 1947, the British Crown could not be sued in contract...
in 1627. This act stated that neither civilians nor soldiers and officers who were in England during peace were subject to military courts or law. In other words, only common law courts and courts of equity could exercise authority over individuals in peacetime England. Military law did not apply to anyone in England since only military courts could enforce the Articles of War.
Passage of the first Mutiny Act
King William IIIWilliam III of England
William III & II was a sovereign Prince of Orange of the House of Orange-Nassau by birth. From 1672 he governed as Stadtholder William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic. From 1689 he reigned as William III over England and Ireland...
replaced King James II
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
in 1688 during the Glorious Revolution
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
. A number of Scottish troops refused to obey orders from William III to fight in Holland, believing James II to be the true monarch. Instead, these troops marched home. Since these troops were located in England during peacetime the military laws that made these acts illegal could not be enforced against them. Common law did not make mutiny a crime. Therefore no legal action could be taken to stop them.
Parliament responded by passing the Mutiny Act of 1689. This act made desertion, mutiny, and sedition of officers and soldiers crimes which were triable by court-martial and punishable by death.
Renewal of the Mutiny Acts
Because the Bill of RightsBill of Rights 1689
The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
prohibited the existence of a standing army during peacetime without the consent of Parliament, the each Mutiny Act was expressly limited to one year's duration. As a result, Parliament was asked annually to approve a new Mutiny Act for the coming year. The Articles of War, published by the crown, continued to govern military forces overseas.
A new Mutiny Act was passed each year until 1879. The Mutiny Act was soon modified to allow courts-martial for other crimes besides mutiny, sedition, and desertion. Modifications to the Mutiny Act soon allowed courts-martial trial of soldiers for acts prohibited by the Crown’s articles of war, as long as the articles conformed to the Mutiny Act in 1718. Civilians who were closely associated to the military, such as victualler
Victualler
A victualler is traditionally a person who sells food or other provisions, similar to a grocer, and in particular British usage can be used to mean a person licensed to sell alcoholic beverages....
s, could also be tried by courts-martial.
In 1807 all serving black soldiers recruited as slaves in the West India Regiment
West India Regiment
The West India Regiment was an infantry unit of the British Army recruited from and normally stationed in the British colonies of the Caribbean between 1795 and 1927. The regiment differed from similar forces raised in other parts of the British Empire in that it formed an integral part of the...
s of the British Army were freed under that year's Mutiny Act.
The Quartering Acts
The Mutiny Acts of 1765 and 1774 are known as Quartering ActQuartering Act
The Quartering Act is the name of at least two 18th-century acts of the Parliament of Great Britain. These Quartering Acts ordered the local governments of the American colonies to provide housing and provisions for British soldiers. They were amendments to the Mutiny Act, which had to be renewed...
s because of the amendments in them adding quartering requirements for British troops in the American Colonies.
See also
- Petition of RightPetition of rightIn English law, a petition of right was a remedy available to subjects to recover property from the Crown.Before the Crown Proceedings Act 1947, the British Crown could not be sued in contract...
- Articles of WarArticles of WarThe Articles of War are a set of regulations drawn up to govern the conduct of a country's military and naval forces. The phrase was first used in 1637 in Robert Monro's His expedition with the worthy Scots regiment called Mac-keyes regiment etc. and can be used to refer to military law in general...
- Court-martialCourt-martialA court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
- Military LawMilitary lawMilitary justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use...
- Quartering ActQuartering ActThe Quartering Act is the name of at least two 18th-century acts of the Parliament of Great Britain. These Quartering Acts ordered the local governments of the American colonies to provide housing and provisions for British soldiers. They were amendments to the Mutiny Act, which had to be renewed...
- MutinyMutinyMutiny is a conspiracy among members of a group of similarly situated individuals to openly oppose, change or overthrow an authority to which they are subject...
- Incitement to Mutiny Act 1797Incitement to Mutiny Act 1797The Incitement to Mutiny Act 1797 was an Act passed by the Parliament of Great Britain. The Act was passed in the aftermath of the Spithead and Nore mutinies and aimed to prevent the seduction of sailors and soldiers to commit mutiny....