Page:Ruffhead - The Statutes at Large - vol 9.djvu/162

 Anno quarto Georgii III- A. D. 1763. Preamble. Number of Forces 17,532, inducing 2,739 Invalids. JI2 ' C. 3. frfuch Money as fliall then appear to be deficient or Wanting for anfwering_ the Purpofcs aforefaid, fhall and may be fupplied and made good out of any the Monies arifing into the Exchequer, by or from the Loans or Exchequer Bills .on this Act, or any other Monies or Loans that are or. fliall be appropriated for the Service of the Year onethoufand feven hundred and (btty-four; and theCommiflioncrs of the Trcafury, or any three or more of them, or the High Treaftir'er for the Time being, fliall direct and apply the fame ac* cordingly ; any Thing herein before contained to the contrary notwnnftanding. CAP. III. An Aft for punilhing Mutiny and Defertion •, and for the better Payment of the Army and their Quarters. HE RE AS the raifing or keeping a Standing Army within this Kingdom, in Time of Peace, unlefs it be with Confent of Parliament, is agaijttft Law: And whereas it is judged necefl'ary by his Majefty, and this prefent Parliament, that a Body of Forces fliould be continued for the Safety of this Kingdom, the Defence of the Pofiefirohs of the Crown of Great Britain, and the Preservation of the Balance of Power in Europe; and that the whole Number of fuch Forces fhould confift of feventeen thoufand five hundred and thirty-two effective Men, including two thoufand feven hundred and thirty- nine Invalids : And whereas, during the late juft and neceffary War in which his Majefty has been en- gaged againft France and Spain, ibme Part of his Majefty's Forces, exceeding the Number aforefaid, has been employed in diftant Parts beyond the Seas, which rauft render the Time when fuch Forces may return home uncertain ; fome of which are intended to be broke, and others reduced, as foon after fuch Arrival as conveniently may be : And whereas no Man can be forejudged of Life or Limb, or fubjecled in Time of Peace to any Kind of Punifliment within this Realm, by martial Law, or in any other Man- ner than by the Judgment of his Peers, and according to the known and eftabliftied Laws of this Realm ; yet neverthelefs, it being requifite for the retaining all the before-mentioned Forces in their Duty, that an exact Difcipline be o'bferved, and that Soldiers who fliall mutiny, or ftir up Sedition, or fhall defert his Majefty's Service within this Realm, or the Kingdom of Ireland, Jerfey, Guernfey, Alderney and Sark* or thelflands thereto belonging, be ! rought to a more exemplary and fpeedy Punifhment than the ufual Forms of the Law will allow ;' Be it therefore en-acted by the King's molt Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parlia- After 24 March nient affembled, and by the Authority of the fame, That from and after the twenty-fourth Day of March 1764, during the one thoufand feven hundred and fixty-four, if any Perfon being muftered, or in Pay as an Officer, or who Continuance of j s or fh a ]] be lifted, or in Pay as a Soldier, and on the twenty-fourth Day of March one thoufand {even Officer andPn- nunursa ann fixty-fbur ft" a " remain in fuch Service, or fliall, during the Continuance of this Act herein va'te Man, after mentioned, voluntarily enter himfelf in his Majefty's Service as a Soldier, fliall, at any Time, during fuch Continuance of this Act, within the Realm of Great Britain, or in the Kingdom of Ireland, or in Jer<- fey, Guernfey, Alderney or Sark, or thelflands thereto belonging, or in the Ifland of Minorca, or in his Ma- jefty's Garrifon of Gibraltar, or in any'his Majefty's Dominions beyond the Seas reflectively, begin, excite, caufe or join in any Mutiny or Sedition, in the Company, Troop or Regiment whereto he doth belong, or in any other Company, Troop or Regiment in his Majefty's Service, or fliall not ufe his utmo' : Endea- vours to fupprefs the fame, or coming to the Knowledge of any Mutiny, or intended Mutiny, fliall not without Delay give Information thereof to his Commanding Officer, or fliall defert his Majefty's Service.; or being a Soldier actually lifted in any Regiment, Troop or Company, fhall lift himfelf in any other Re- giment, Troop or Company, without a Difcharge produced in Writing from the Colonel, or, in his Ab- fence, the Field Officer commanding in Chief the Regiment, Troop or Company, in which he laft ferved as a lifted Soldier ; or fhall be found flceping upon his Poft, or fliall leave it before relieved ; or if any Of- ficer or Soldier in his Majefty's Army fliall, either upon Land, within or out of Great Britain, or upon the Poft, or hold il- Sea, hold Correfpondence with any Rebel, or Enemy of his Majefty, or give them Advice or Intelligence, legal Correfpon- either by Letters, Meffages, Signs or Tokens, in any Manner or Way whatfoever ; or fhall treat with fuch dencc with cha Rebels or Enemies, or enter into any Condition with them, without his Majefty's Licence, or Licence of Enemies of his the General, Lieutenant General, or Chief Commander; or fliall ftrike, or ufe any Violence againft his lTihrt 'k i f u P er ' or Officer, being in the Execution of his Office ■ or fliall difobey any lawful Command of his fuperior "fobey his fiipe- Officer ; all and every Perfon and Perfons fo offending in any of the Matters before-mentioned, fliall fuffer rierOfruer; fhaU Death, or fucli other Punifhment as by a Court-martial fliall be inflicted. fuller Death, or fuch Punifliment as a Court-martial fhall infti£r. who {hall mutin or defert, &c. or lilt in any other Regiment, tec. or fliall he found Sleeping on, or fhall defert, his The King may grant a Commit" fion to hold a Court-martial, &c. II. And be it further enacted by the Authority aforefaid, That his Majefty may, from Time to Time, grant a Commiffion under his Royal Sign Manual, to any Officer not under the Degree of a Field Officer, for the holding a General Court-martial within this Realm ; and alfo grant his Warrant to the Lord Lieu- tenant of Ireland, or other Chief Governor or Governors there for the Time being, or the Governor or Governors of .Minorca, Gibraltar, and any of his Majefty's Dominions beyond the Seas refpectively, or the Perfon or Perfons there commanding in Chief, from Time to Time, to appoint Courts-martial in the Kingdom of -Ireland, and other Places and Dominions refpectively ; in which Courts-martial all the Of- f.-nces above-mentioned, and all other Offences herein after fpccifkd, fhall be tried and proceeded againft in fuch manner, as by this Act fliall be hereafter directed. III.