Mutiny Act 1749
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Mutiny Act 1749
The Mutiny Acts were an almost 200-year series of annual Acts passed by the Parliament of England, the Parliament of Great Britain, and the Parliament of the United Kingdom for governing, regulating, provisioning, and funding the English and later 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. The Mutiny Act, altered in 1803, and the Articles of War defined the nature and punishment of mutiny until the latter were replaced by the Army Discipline and Regulation Act 1879. In 1881, this was in turn replaced by The Army Act - ''An Act to consolidate the Army Discipline and Regulation Act, 1879, and the subsequent Acts amending the Same''. This was extended or amended or consolidated annually (the most recent update having been made in 1995). Today, mutiny by British forces is punished under the Armed Forces Act 2006. Depending on events, ad ...
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Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ...
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His Majesty's Marine Forces
The history of the Royal Marines began on 28 October 1664 with the formation of the Duke of York and Albany's Maritime Regiment of Foot soon becoming known as the Admiral's Regiment. During the War of the Spanish Succession the most historic achievement of the Marines was the capture of the mole during the assault on Gibraltar (sailors of the Royal Navy captured the Rock itself) in 1704. On 5 April 1755, His Majesty's Marine Forces, fifty Companies in three Divisions, headquartered at Portsmouth, Chatham and Plymouth, were formed by Order of Council under Admiralty control. The Royal Marine Artillery was formed as an establishment within the British Royal Marines in 1804 to man the artillery in bomb vessels. As their coats were the blue of the Royal Regiment of Artillery, this group was nicknamed the "Blue Marines" and the Infantry element, who wore the scarlet coats of the British infantry, became known as the "Red Marines". During the Napoleonic Wars the Royal Marines particip ...
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Petition Of Right
The Petition of Right, passed on 7 June 1628, is an English constitutional document setting out specific individual protections against the state, reportedly of equal value to Magna Carta and the Bill of Rights 1689. It was part of a wider conflict between Parliament and the Stuart monarchy that led to the 1638 to 1651 Wars of the Three Kingdoms, ultimately resolved in the 1688 Glorious Revolution. Following a series of disputes with Parliament over granting taxes, in 1627 Charles I imposed "forced loans", and imprisoned those who refused to pay, without trial. This was followed in 1628 by the use of martial law, forcing private citizens to feed, clothe and accommodate soldiers and sailors, which implied the king could deprive any individual of property, or freedom, without justification. It united opposition at all levels of society, particularly those elements the monarchy depended on for financial support, collecting taxes, administering justice etc, since wealth simpl ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ...
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Courts Of Common Law
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the ...
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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 first known usage of the phrase is in Robert Monro's 1637 work ''His expedition with the worthy Scot's regiment called Mac-keyes regiment etc.'' (in the form "Articles of warres") and can be used to refer to military law in general. In Swedish, the equivalent term ''Krigsartiklar'', is first mentioned in 1556. However, the term is usually used more specifically and with the modern spelling and capitalisation to refer to the British regulations drawn up in the wake of the Glorious Revolution and the United States regulations later based on them. United Kingdom Throughout the Articles' existence, there were separate sets for the army and navy. Royal Navy England's first Articles of War were written for the Royal Navy. They formed the statutory provisions regulating and governing the behaviour of members of the Royal Navy. They were prominently displayed in all ...
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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 and which have become widely vested in the government. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out. Evolution In most constitutional monarchies, prerogatives can be abolished by Parliament as the courts apply the constitutional near-absolute of the supremacy of Parliament. In the Commonwealth realms this draws on the constitutional statutes at the time of the Glorious Revolution when William III and Mary II were invited to take the throne. In the United Kingdom the remaining powers of the royal prerogative are devolved to the head of the government which for more than two centuries has been the Prime Minister; the benefits, equally, such as ...
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Sir Matthew Hale
Sir Matthew Hale (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise ''Historia Placitorum Coronæ'', or ''The History of the Pleas of the Crown''. Born to a barrister and his wife, who had both died by the time he was 5, Hale was raised by his father's relative, a strict Puritan, and inherited his faith. In 1626 he matriculated at Magdalen Hall, Oxford (now Hertford College), intending to become a priest, but after a series of distractions was persuaded to become a barrister like his father, thanks to an encounter with a Serjeant-at-Law in a dispute over his estate. On 8 November 1628, he joined Lincoln's Inn, where he was called to the Bar on 17 May 1636. As a barrister, Hale represented a variety of Royalist figures during the prelude and duration of the English Civil War, including Thomas Wentworth and William Laud; it has been hypothesised that Hale was to represent Charles I at his state trial, and con ...
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Earl Marshal
Earl marshal (alternatively marschal or marischal) is a hereditary royal officeholder and chivalric title under the Monarchy of the United Kingdom, sovereign of the United Kingdom used in England (then, following the Act of Union 1800, in the United Kingdom). He is the eighth of the Great Officers of State (United Kingdom), great officers of State in the United Kingdom, ranking beneath the Lord High Constable of England, lord high constable and above the Lord High Admiral of the United Kingdom, lord high admiral. The dukes of Norfolk have held the office since 1672. The marshal was originally responsible, along with the constable, for the monarch's horses and stables including connected military operations. As a result of the decline of chivalry and sociocultural change, the position of earl marshal has evolved and among his responsibilities today is the organisation of major ceremonial state occasions such as the Coronation of the British monarch, monarch's coronation in Westm ...
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Lord High Constable Of England
The Lord High Constable of England is the seventh of the Great Officers of State, ranking beneath the Lord Great Chamberlain and above the Earl Marshal. This office is now called out of abeyance only for coronations. The Lord High Constable was originally the commander of the royal armies and the Master of the Horse. He was also, in conjunction with the Earl Marshal, president of the court of chivalry or court of honour. In feudal times, martial law was administered in the court of the Lord High Constable. The constableship was granted as a grand serjeanty with the Earldom of Hereford by the Empress Matilda to Miles of Gloucester, and was carried by his heiress to the Bohuns, earls of Hereford and Essex. They had a surviving male heir, and still have heirs male, but due to the power of the monarchy the constableship was irregularly given to the Staffords, Dukes of Buckingham; and on the attainder of Edward Stafford, the third Duke, in the reign of King Henry VIII, it became mer ...
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Court Of Chivalry
His Majesty's High Court of Chivalry is a civil law (i.e., non common law) court in English and Welsh law with jurisdiction over matters of heraldry. The court has been in existence since the fourteenth century; however, it rarely sits. The sole judge is now the hereditary Earl Marshal of England, the Duke of Norfolk, though if not a professional lawyer, he normally appoints a professional lawyer as his lieutenant or surrogate. In Scotland, these types of cases are heard in the Court of the Lord Lyon, which is a standing civil and criminal court, with its own judge – the Lord Lyon King of Arms and its own procurator fiscal (''public prosecutor'') under the Scottish legal system.Innes of Learney & Innes of Edingight, p.7 History The court was historically known as the ''Curia Militaris'', the ''Court of the Constable and the Marshal'', or the ''Earl Marshal's Court''. Since it was created in the fourteenth century the court has always sat when required, except for the ...
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