The Mutiny Acts were an almost 200-year series of annual acts passed by the

Parliament of England The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the Great Council of England, great council of Lords Spi ...

, the

Parliament of Great Britain The Parliament of Great Britain was formed in May 1707 following the ratification of the Acts of Union 1707, Acts of Union by both the Parliament of England and the Parliament of Scotland. The Acts ratified the treaty of Union which created a ...

, and the

Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...

for governing, regulating, provisioning, and funding the English and later

British Army The British Army is the principal Army, land warfare force of the United Kingdom. the British Army comprises 73,847 regular full-time personnel, 4,127 Brigade of Gurkhas, Gurkhas, 25,742 Army Reserve (United Kingdom), volunteer reserve perso ...

. 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 England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...

. The Mutiny Act, altered in 1803, and the Articles of War defined the nature and punishment of

mutiny Mutiny is a revolt among a group of people (typically of a military or a crew) to oppose, change, or remove superiors or their orders. The term is commonly used for insubordination by members of the military against an officer or superior, ...

until the latter were replaced by the Army Discipline and Regulation Act 1879 ( 42 & 43 Vict. c. 33). In 1881, this was in turn replaced by the

Army Act Until 1689, mutiny was regulated in England by Articles of War instituted by the monarch and effective only in a period of war. This use of the crown's prerogative by Charles I in a contentious manner (the crown's right to make and enforce rul ...

– ''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 The Armed Forces Act 2006 (c. 52) is an Act of Parliament (UK), act of the Parliament of the United Kingdom. It came into force on 31 October 2009. It replaces the three separate Service Discipline Acts (the Army Act 1955 (3 & 4 Eliz. 2. c. 18), ...

. Depending on events, additions, and changes within the established system more than one Mutiny Act might be passed within a given year. Within the empire specific geographical disturbances were sometimes governed by specific Acts, such as the Mutiny,

East Indies The East Indies (or simply the Indies) is a term used in historical narratives of the Age of Discovery. The ''Indies'' broadly referred to various lands in Eastern world, the East or the Eastern Hemisphere, particularly the islands and mainl ...

Act 1754 ( 27 Geo. 2. c. 9), or the Mutiny,

America The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

Act from 1765 ( 5 Geo. 3. c. 33) to 1776 ( 16 Geo. 3. c. 11). A closely related series of Marine Mutiny Acts starting in 1755 ( 28 Geo. 2. c. 11) would regulate His Majesty's Marine Forces while on shore, and continue well into the 19th century.

Background

During the Middle Ages, European rulers applied the same laws to both civilian and military populations. Because of this,

military law Military justice (or military law) is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states us ...

(law governing armed forces) and martial law (control of society by the military) were not independent legal approaches. Rulers began separating the laws governing the civilian population and the laws for the armed forces as the medieval period drew to a close. In England,

William the Conqueror William the Conqueror (Bates ''William the Conqueror'' p. 33– 9 September 1087), sometimes called William the Bastard, was the first Norman king of England (as William I), reigning from 1066 until his death. A descendant of Rollo, he was D ...

's ''Aural Regis'' (or King's Court) assisted him in ruling both his armed forces and the English population. Over time, this court divided and developed specialized legal expertise. King

Edward I Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots (Latin: Malleus Scotorum), was King of England from 1272 to 1307. Concurrently, he was Lord of Ireland, and from 125 ...

created a Court of Chivalry headed by the Lord High Constable and the

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 U ...

, two members of the King's Court. This Court of Chivalry was given authority over cases of military law, chivalry, heraldry, and murder or high treason overseas. The army was seen as the crown's personal force. Its governance, as a military force, was the crown's

royal prerogative The royal prerogative is a body of customary authority, Privilege (law), privilege, and immunity recognised in common law (and sometimes in Civil law (legal system), civil law jurisdictions possessing a monarchy) as belonging to the monarch, so ...

. The crown governed the military by publishing

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-k ...

. These articles applied to the army during a specific war or campaign. The Court of Chivalry assisted the crown by preparing these articles and enforcing them. Therefore, military law could and would change depending on the campaign or war. Although harsh, the articles were clear in their expectations for military personnel. Meanwhile,

courts of equity A court of equity, also known as an equity court or chancery court, is a court authorized to apply principles of equity rather than principles of law to cases brought before it. These courts originated from petitions to the Lord Chancellor of E ...

and courts of common law developed and were given authority to govern civilians.

Common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

did not have rules specific to military forces and common law courts could not apply military rules. However, prior to the

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 ...

, and especially during the reign of the

Tudors The House of Tudor ( ) was an English and Welsh dynasty that held the throne of England from 1485 to 1603. They descended from the Tudors of Penmynydd, a Welsh noble family, and Catherine of Valois. The Tudor monarchs ruled the Kingdom of Engl ...

and Stuarts, the Crown would apply articles of war (which defined the military law) against civilians in Britain in trials administered by courts-martial (an exercise of martial law). The capricious use of harsh military law by the crown against civilians included the imposition of the death penalty. The practice of enforcing military law against civilians and the usurpation of common-law courts' authority by courts-martial caused an outcry. The lack of a distinction between military law and martial law caused English legal minds to attack the exercise of military law during peacetime.

William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, Justice (title), justice, and Tory (British political party), Tory politician most noted for his ''Commentaries on the Laws of England'', which became the best-k ...

complained, This abuse of the crown's prerogative (the crown's right to make and enforce rules for the military) caused Parliament to pass the

in 1628. This act stated that neither civilians nor soldiers and officers who were in England during peace were subject to military courts or law. Only common-law courts and courts of equity could exercise authority over individuals in peacetime England. Because the articles of war did not fall under these courts' jurisdiction, military law couldn't be applied to anyone in England, whether soldier or civilian.

Passage of the first Mutiny Act

King William III replaced King James II in 1688 during the

Glorious Revolution The Glorious Revolution, also known as the Revolution of 1688, was the deposition of James II and VII, James II and VII in November 1688. He was replaced by his daughter Mary II, Mary II and her Dutch husband, William III of Orange ...

. The

Royal Scots The Royal Scots (The Royal Regiment), once known as the Royal Regiment of Foot, was the oldest and most senior infantry regiment line infantry, of the line of the British Army, having been raised in 1633 during the reign of Charles I of England ...

was the only unit in which the majority of personnel remained loyal to James II, whom they held to still be the true monarch. The regiment's Commanding Officer, Colonel George Douglas, 1st Earl of Dumbarton, followed James II into exile and one of William's subordinates, Frederick Schomberg, was appointed Colonel. While awaiting transport from

Ipswich Ipswich () is a port town and Borough status in the United Kingdom, borough in Suffolk, England. It is the county town, and largest in Suffolk, followed by Lowestoft and Bury St Edmunds, and the third-largest population centre in East Anglia, ...

Flanders Flanders ( or ; ) is the Dutch language, Dutch-speaking northern portion of Belgium and one of the communities, regions and language areas of Belgium. However, there are several overlapping definitions, including ones related to culture, la ...

, the regiment mutinied on 15 March 1689 and marched home (the

Kingdom of Scotland The Kingdom of Scotland was a sovereign state in northwest Europe, traditionally said to have been founded in 843. Its territories expanded and shrank, but it came to occupy the northern third of the island of Great Britain, sharing a Anglo-Sc ...

still being strictly an independent country), refusing to obey orders from William III to fight in Holland. The mutinous troops were located in England during peacetime so only common law and courts of equity had authority over them. However, these courts' power did not include the ability to enforce penalties against mutiny (which was a military law crime and not a common law crime). Therefore, no legal action could be taken to stop or punish the troops. Parliament responded by passing the Mutiny Act 1688 ( 1 Will. & Mar. c. 5). This act made desertion, mutiny, and sedition of officers and soldiers crimes triable by

court-martial A court-martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the arme ...

in peacetime England and made such crimes punishable by death. The passage of this act initiated the codification of military law in Great Britain. Payment for quartering the troops was first included in the Mutiny Act 1692 ( 4 Will. & Mar. c. 13).

Renewal of the Mutiny Acts

Because the

Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...

, while prohibiting the existence of a standing army during peacetime without the consent of Parliament, did not prohibit the same in time of war, the Mutiny Act was expressly limited to one year's duration, so that, in either case, war or peace, military discipline could not be enforced, thereby making a standing army impossible for the Crown to maintain. As a result, Parliament annually passed a new Mutiny Act. The Articles of War, published by the Crown, continued to govern military forces outside colonies overseas while the Mutiny Acts imposed military law on military forces in peacetime England. Many other changes occurred during this transition from absolute monarchy to

constitutional monarchy Constitutional monarchy, also known as limited monarchy, parliamentary monarchy or democratic monarchy, is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in making decisions. ...

, which were "products of the exigencies and opportunities of the quarter century of warfare on the grand scale that commenced with the accession of William and Mary, when England, and then Britain, was able 'to set out such Fleets and Armies as were never heard of among our Ancestors.'" A new Mutiny Act was passed each year until 1879. The Mutiny Act was modified early on to allow courts-martial for other military crimes besides mutiny, sedition, and desertion. Modifications to the Mutiny Act 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 1718. Civilians who were closely associated to the military, such as victuallers, could also be tried by courts-martial. In 1807 all serving black soldiers recruited as slaves in the West India Regiments of the British Army were freed under that year's Mutiny Act.

The Quartering Acts

The Mutiny Acts 1765 and 1774 are better known as Quartering Acts because of the changes which added quartering requirements for British troops in the American Colonies, beyond what the Army had provided.

List

England

*The Mutiny Act 1703 ( 2 & 3 Ann. c. 20)

Great Britain

* The Mutiny Act 1720 ( 7 Geo. 1. St. 1. c. 6) * The Mutiny Act 1727 ( 1 Geo. 2. St. 2. c. 2) * The Mutiny Act 1731 ( 5 Geo. 2. c. 2) * The Mutiny Act 1744 ( 18 Geo. 2. c. 7) * The Mutiny Act 1753 ( 26 Geo. 2. c. 5) * The Mutiny Act 1755 ( 28 Geo. 2. c. 4) * The Mutiny Act 1756 ( 29 Geo. 2. c. 3) * The Mutiny Act 1759 ( 33 Geo. 2. c. 6) * The Mutiny Act 1760 ( 1 Geo. 3. c. 6) * The Mutiny Act 1761 ( 2 Geo. 3. c. 11) * The Mutiny Act 1762 ( 3 Geo. 3. c. 7) * The Mutiny Act 1763 ( 4 Geo. 3. c. 3) * The Mutiny Act 1778 ( 18 Geo. 3. c. 4) * The Mutiny Act 1786 ( 26 Geo. 3. c. 10) * The Mutiny Act 1793 ( 33 Geo. 3. c. 9) * The Mutiny Act 1800 ( 39 & 40 Geo. 3. c. 27)

United Kingdom

1800s

* The Mutiny Act 1801 ( 41 Geo. 3. (U.K.) c. 11) * The Mutiny Act 1802 ( 42 Geo. 3. c. 25) * The Mutiny (No. 2) Act 1802 ( 42 Geo. 3. c. 50) * The Mutiny (No. 3) Act 1802 ( 42 Geo. 3. c. 88) * The Mutiny Act 1803 ( 43 Geo. 3. c. 20)This Act was repealed by the

Statute Law Revision Act 1872 A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wi ...

* The Mutiny Act 1804 ( 44 Geo. 3. c. 19) * The Mutiny Act 1805 ( 45 Geo. 3. c. 16) * The Mutiny Act 1806 ( 46 Geo. 3. c. 15) * The Mutiny (No. 2) Act 1806 ( 46 Geo. 3. c. 48) * The Mutiny (No. 3) Act 1806 ( 46 Geo. 3. c. 66) * The Mutiny Act 1807 ( 47 Geo. 3 Sess. 1. c. 32) * The Mutiny Act 1808 ( 48 Geo. 3. c. 15)This Act was repealed by the Statute Law Revision Act 1872 (No. 2) * The Mutiny Act 1809 ( 49 Geo. 3. c. 12)

1810s

* The Mutiny Act 1810 ( 50 Geo. 3. c. 7) * The Mutiny Act 1811 ( 51 Geo. 3. c. 8)This Act was repealed by the Statute Law Revision Act 1873 * The Mutiny Act 1812 ( 52 Geo. 3. c. 22) * The Mutiny Act 1815 ( 55 Geo. 3. c. 108) * The Mutiny Act 1816 ( 56 Geo. 3. c. 10) * The Mutiny Act 1817 ( 57 Geo. 3. c. 35) * The Mutiny Act 1819 ( 59 Geo. 3. c. 9)

1820s

* The Mutiny Act 1822 ( 3 Geo. 4. c. 13) * The Mutiny Act 1829 ( 10 Geo. 4. c. 6)

1830s

* The Mutiny Act 1830 ( 1 Will. 4. c. 15)This Act was repealed by the Statute Law Revision Act 1874 * The Mutiny Act 1832 ( 2 & 3 Will. 4. c. 28) * The Mutiny Act 1839 ( 2 & 3 Vict. c. 5)This Act was repealed by the Statute Law Revision Act 1874 (No. 2)

1840s

* The Mutiny Act 1841 ( 4 & 5 Vict. c. 2) * The Mutiny Act 1842 ( 5 & 6 Vict. c. 12) * The Mutiny Act 1843 ( 6 & 7 Vict. c. 3) * The Mutiny Act 1846 ( 9 & 10 Vict. c. 11)This Act was repealed by the Statute Law Revision Act 1875 * The Mutiny Act 1847 ( 10 & 11 Vict. c. 12) * The Mutiny Act 1848 ( 11 & 12 Vict. c. 11) * The Mutiny Act 1849 ( 12 & 13 Vict. c. 10)

1850s

* The Mutiny Act 1850 ( 13 & 14 Vict. c. 5) * The Mutiny Act 1851 ( 14 & 15 Vict. c. 6) * The Mutiny Act 1852 ( 15 & 16 Vict. c. 7) * The Mutiny Act 1853 ( 16 & 17 Vict. c. 9) * The Mutiny Act 1854 ( 17 & 18 Vict. c. 4) * The Mutiny Act 1855 ( 18 & 19 Vict. c. 11) * The Mutiny Act 1856 ( 19 & 20 Vict. c. 10) * The Mutiny Act 1857 ( 20 Vict. c. 13) * The Mutiny Act 1858 ( 21 & 22 Vict. c. 9) * The Mutiny Act 1859 ( 22 Vict. c. 4)

1860s

* The Mutiny Act 1860 ( 23 & 24 Vict. c. 9) * The Mutiny Act 1861 ( 24 & 25 Vict. c. 7) * The Mutiny Act 1862 ( 25 & 26 Vict. c. 5) * The Mutiny Act 1863 ( 26 & 27 Vict. c. 8) * The Mutiny Act 1864 ( 27 & 28 Vict. c. 3) * The Mutiny Act 1865 ( 28 & 29 Vict. c. 11) * The Mutiny Act 1866 ( 29 & 30 Vict. c. 9) * The Mutiny Act 1867 ( 30 & 31 Vict. c. 13) * The Mutiny Act 1868 ( 31 & 32 Vict. c. 14) * The Mutiny Act 1869 ( 32 & 33 Vict. c. 4)This Act was repealed by the Statute Law Revision Act 1883

1870s

* The Mutiny Act 1870 ( 33 & 34 Vict. c. 7) * The Mutiny Act 1871 ( 34 & 35 Vict. c. 9) * The Mutiny Act 1872 ( 35 & 36 Vict. c. 3) * The Mutiny Act 1873 ( 36 & 37 Vict. c. 10) * The Mutiny Act 1874 ( 37 & 38 Vict. c. 4) * The Mutiny Act 1875 ( 38 & 39 Vict. c. 7) * The Mutiny Act 1876 ( 39 & 40 Vict. c. 8) * The Mutiny Act 1877 ( 40 & 41 Vict. c. 7) * The Mutiny Act 1878The Public General Acts of the United Kingdom of Great Britain and Ireland passed in the Forty-Second and Forty-Third Years of the Reign of Her Majesty Queen Victoria. Edward Bret Ince for the proprietors of the Law Journal Reports. London. 1879
p 340
( 41 & 42 Vict. c. 10) * The Mutiny Act (Temporary) Continuance Act 1879 ( 42 & 43 Vict. c. 4)

Marine Mutiny Acts

The Marine Mutiny Acts included the following acts of the

: * The Marine Mutiny Act 1778 ( 18 Geo. 3. c. 5) * The Marine Mutiny Act 1801 ( 41 Geo. 3. (U.K.) c. 18) * The Marine Mutiny Act 1802 ( 42 Geo. 3. c. 26) * The Marine Mutiny (No. 2) Act 1802 ( 42 Geo. 3. c. 51) * The Marine Mutiny (No. 3) Act 1802 ( 42 Geo. 3. c. 115) * The Marine Mutiny Act 1803 ( 43 Geo. 3. c. 27) * The Marine Mutiny Act 1804 ( 43 Geo. 3. c. 20) * The Marine Mutiny Act 1840 ( 3 & 4 Vict. c. 8) * The Marine Mutiny Act 1860 ( 23 & 24 Vict. c. 10) * The Marine Mutiny Act 1861 ( 24 & 25 Vict. c. 8) * The Marine Mutiny Act (1862) ( 25 & 26 Vict. c. 6) * The Marine Mutiny Act (1863) ( 26 & 27 Vict. c. 9) * The Marine Mutiny Act 1864 ( 27 & 28 Vict. c. 4) * The Marine Mutiny Act 1865 ( 28 & 29 Vict. c. 12) * The Marine Mutiny Act 1866 ( 29 & 30 Vict. c. 10) * The Marine Mutiny Act 1867 ( 30 & 31 Vict. c. 14) * The Marine Mutiny Act 1868 ( 31 & 32 Vict. c. 15) * The Marine Mutiny Act 1869 ( 32 & 33 Vict. c. 5) * The Marine Mutiny Act 1870 ( 33 & 34 Vict. c. 8) * The Marine Mutiny Act 1871 ( 34 & 35 Vict. c. 10) * The Marine Mutiny Act 1872 ( 35 & 36 Vict. c. 4) * The Marine Mutiny Act 1873 ( 36 & 37 Vict. c. 11) * The Marine Mutiny Act 1874 ( 37 & 38 Vict. c. 5) * The Marine Mutiny Act (1875) ( 38 & 39 Vict. c. 8). Also called the Royal Marines on Shore Act. * The Marine Mutiny Act 1876 ( 39 & 40 Vict. c .9) * The Marine Mutiny Act 1877 ( 40 & 41 Vict. c. 8) * The Marine Mutiny Act 1878 ( 41 & 42 Vict. c. 11)This Act was repealed by section 54 of, and th
Schedule
to, the Regulation of the Forces Act 1881 ( 44 & 45 Vict. c. 57), subject to the proviso in section 54. * The Marine Mutiny Act (Temporary) Continuance Act 1879 ( 42 & 43 Vict. c. 5)

Notes

References

*Report from the Select Committee on Mutiny and Marine Mutiny Acts. 26 July 1878. (C 316). Reports from Committees. Session 17 January to 16 August 1878. Volume 10
Page 253
{{DEFAULTSORT:Mutiny Acts, The 1689 in law 1689 in England Acts of the Parliament of England Acts of the Parliament of Great Britain Acts of the Parliament of the United Kingdom United Kingdom military law