« EelmineJätka »
“ go to any foreign state, country, colony, province, or part of any “province, or to any place beyond the seas, with an intent or in “ order to enlist, or enter himself to serve, or with intent to serve, “ in any warlike or military operation whatever, whether by land " or by sea, in the service of, or for, or under, or in aid of any “foreign prince, state, potentate, colony, province, or part of any “province, or people, or in the service of, or for, or under, or in
aid of, any person or persons exercising, or assuming to exercise, the powers of government in or over any foreign country, colony,
province, or part of any province, or people, either as an officer or a “ soldier, or in any other military capacity, or as an officer, or sailor,
or marine, in any such ship or vessel as aforesaid, although no “ enlisting money, or pay, or reward, shall have been, or shall be, “ in any or either of the cases aforesaid, actually paid to or re“ceived by him, or by any person to or for his use or benefit; or “if any person whatever, within the united kingdom of Great “ Britain and Ireland, or in any part of his Majesty's dominions " elsewhere, or in any country, colony, settlement, island, or place,
belonging to or subject to his Majesty, shall hire, retain, engage, or procure, or shall attempt or endeavour to hire, retain, engage, or procure, any person or persons whatever to enlist, or to enter or engage to enlist, or to serve or to be employed in any such
service or employment as aforesaid, as an officer, soldier, sailor, “or marine, either in land or sea service, for, or under, or in aid “of, any foreign prince, state, potentate, colony, province, or any "part of any province, or people, or for, or under, or in aid of, any
person or persons exercising, or assuming to exercise, any “powers of government as aforesaid ; or to go, or to agree to go, “ or embark, from any part of his Majesty's dominions, for the “purpose or with intent to be so enlisted, entered, engaged, or “ employed, as aforesaid, whether any enlisting money, pay, or “ reward, shall have been, or shall be, actually given or received or
not; in any or either of such cases, every person so offending “shall be deemed guilty of a misdemeanor, and upon being con“victed thereof, upon any information or indictment, shall be “punishable by fine and imprisonment, or either of them, at the “discretion of the court before which such offender shall be con“victed.” (a)
The seventh section of the statute enacts, that “if any person, Any person " within any part of his Majesty's dominions beyond the seas, without li.
cence equip“shall, without the leave and licence of his Majesty for that pur- pinge ea
pose, first had and obtained as aforesaid, equip, furnish, fit out, procuring to “or arm, or attempt or endeavour to equip, furnish, fit out, be equipped,
&c. any ves“ or arm, or procure to be equipped, furnished, fitted out, or armed, sel, with intent “ or shall knowingly aid, assist, or be concerned in the equipping, that it shall “furnishing, fitting out, or arming of, any ship or vessel, with be employed
in the service “ intent or in order that such ship or vessel shall be employed in of any foreign " the service of any foreign prince, state, or potentate, or of any prince, &c. or
(a) S. 3. contains a proviso excepting persons from the operation of the act who shall have enlisted, &c. or
procured others to enlist, &c. before
to cruize, &c. “ foreign colony, province, or part of any province, or people, or against any “ of any person or persons exercising, or assuming to exercise, with whom his “ any powers of government in or over any foreign state, colony, Majesty shall “ province, or part of any province, or people, as a transport or not be at war, 66
var, “ store ship, or with intent to cruize or commit hostilities against guilty of a misdemeanor. “any prince, state, or potentate, or against the subjects or citi
“ zens of any prince, state, or potentate, or against the persons “ exercising, or assuming to exercise, the powers of government “ in any colony, province, or part of any province, or country, or “ against the inhabitants of any foreign colony, province, or part “ of any province, or country, with whom his Majesty shall not " then be at war; or shall, within the united kingdom, or any of “ his Majesty's dominions, or in any settlement, colony, territory, “ island, or place, belonging or subject to his Majesty, issue or 6 deliver any commission for any ship or vessel, to the intent “ that such ship or vessel shall be employed as aforesaid ; every « such person so offending shall be deemed guilty of a misde“ meanor, and shall, upon conviction thereof, upon any informa“ tion or indictment, be punished by fine and imprisonment, or “ either of them, at the discretion of the court in which such
“ offender shall be convicted.” (b) Any person The eighth section enacts, " that if any person in any part of withoutlicence « the United Kingdom of Great Britain and Ireland, or in any increasing, or a procuring to
" " part of his Majesty's dominions beyond the seas, without the
part ob 18. be increased, " Ieave and licence of his Majesty for that purpose first had and
“ obtained as aforesaid, shall, by adding to the number of the force of any ship, &c. in the “ guns of such vessel, or by changing those on board for other service of any“ guns, or by the addition of any equipment for war, increase or foreign prince, 6 &c. guilty of
“augment, or procure to be increased or augmented, or shall be misdemeanor. “ knowingly concerned in increasing or augmenting the warlike
“ force of any ship, or vessel of war, or cruizer, or other armed
vessel, which at the time of her arrival in any part of the United “ Kingdom, or any of his Majesty's dominions, was a ship of “ war, cruizer, or armed vessel, in the service of any foreign “ prince, state, or potentate, or of any person or persons exercis“ing, or assuming to exercise any powers of government in or “ over any colony, province, or part of any province or people
belonging to the subjects of any such prince, state, or potentate, “ or to the inhabitants of any colony, province, or part of any “ province or country under the controul of any person or persons “ so exercising, or assuming to exercise the powers of government, “ every such person so offending shall be deemed guilty of a mis“ demeanor, and shall, upon being convicted thereof, upon any
“ information or indictment, be punished by fine and imprison.« ment, or either of them, at the discretion of the court before
“ which such offender shall be convicted.” Apprehension Any justice of peace residing at or near any port or place within of offenders ; the United Kingdom, where any offence made punishable by this
act as a misdemeanor shall be committed, may issue his war
(6) And the ship, with the tackle, &c. is to be forfeited, and may be
seized by the officers of excise, &c. s. 7.
rant for the apprehension of the offender, to bring him before the same or any other justice, who may commit unless bail is given. (a)
It is further enacted, that all such offences as shall be com- And trial for mitted within that part of the United Kingdom called England, offences com
á mitted within shall be tried in the Court of King's Bench at Westminster, and the venue laid at Westminster, or at the assizes, or session of kingdom. oyer and terminer and gaol delivery, or at any quarter or general sessions of the peace for the county or place where the offence was committed; that when committed in Ireland they shall be prosecuted in the Court of King's Bench at Dublin, and the venue there laid, or at any assizes, &c. for the county or place where the offence was committed ; and when committed in Scotland that they shall be prosecuted in the Court of Justiciary, or any other Court competent to try criminal offences committed within the county, &c. within which the offence was committed. (b)
The statute also provides for the apprehension of offenders, Apprehension when the offence shall have been committed out of the United and trial of
offenders Kingdom, and for their trial in any superior court of his Majesty's where the ofdominions competent to try, and having jurisdiction to try cri- fences have
hoon been commitminal offences, at the place where the offence shall have been per committed. (c) And with respect to offences committed out of united kingthe United Kingdom, the ninth section enacts, that they may be dom. prosecuted in the Court of King's Bench at Westminster, the venue being laid at Westminster, in the county of Middlesex. (d)
The mutiny act, 6 Geo. 4. c. 5. s. 155. enacts “ that if any 6 G. 4. c.5. g. “ person or persons shall in any part of his Majesty's dominions, 155
minions 155. Persons
o persuading “ directly or indirectly persuade or procure any soldier or sol- soldiers to de“ diers in the service of his Majesty, his heirs or successors, to sert, to be pu“ desert or leave such service as aforesaid, every such person or
or imprison“ persons so offending as aforesaid, and being thereof lawfully ment, or both. « convicted, shall suffer such punishment by fine or imprison“ ment, or both, as the court before which the conviction may " take place shall adjudge.” It may be observed, though not strictly applicable to the sub- Disobedience
to the king's ject of this Chapter, that disobedience to the king's letter to a
olne king steller 1 commands to subject commanding him to return from beyond the seas, or to return, or to the king's writ of Ne exeat regno, commanding a subject to stay stay at home,
or to refuse to at home, is a high misprision and contempt. (i) And it is also a ass high offence to refuse to assist the king for the good of the public, in council or either in councils, by advice, if called upon, or in his wars by per- war. sonal service for the defence of the realm against a rebellion or
ted out of the
(a) Sect. 4.
(1) By s. 5. vessels with persons on board engaged in foreign service may be detained in any part of his Majesty's dominions, information being laid upon oath. By s. 6. a penalty is imposed on masters of vessels, &c. knowingly taking on board persons enlisted contrary to the act. But by
s. 12. the penalties of the act are not
(i) 4 Blac. Com. 122. And if the
invasion: (k) under which class may be ranked the neglecting to join the posse comitatus, or power of the county, being thereunto required by the sheriff or justices, according to the statute 2 Henry 5, c. 8. which is a duty incumbent upon all that are fifteen years of age, under the degree of nobility, and able to travel. (1)
(k) 1 Hawk. P.C. c. 22. s. 2. (1) 4 Bla. Com. 122. Lamb. Eir. 315.
CHAPTER THE SEVENTH.
OF SEDUCING SOLDIERS AND SAILORS TO DESERT OR MUTINY.
ce any lento, from blir up anyeu ch endeavour
In consequence of the attempts of evil disposed persons by the 37 G. 3. c. 70. publication of written or printed papers, and by malicious and seducing sol.
diers or sailors advised speaking, to seduce soldiers and sailors from their duty for and allegiance to his Majesty, the 37 Geo. 3. c. 70. was passed, henekt of enacting" that any person who shall maliciously and advisedly clergy. " endeavour to seduce any person or persons serving in his “ Majesty's forces by sea or land, from his or their duty and alle“ giance to his Majesty, or to incite or stir up any such person or “persons to commit any act of mutiny, or to make, or endeavour “to make, any mutinous assembly, or to commit any traitorous or “mutinous practice whatsoever, shall, on being legally convicted “ of such offence, be adjudged guilty of felony, and shall suffer “ death as in cases of felony without benefit of clergy.” The third section of the act provides, that any person tried, acquitted, or convicted, of any offence against this act shall not be liable to be prosecuted again for the same offence or fact, as high treason, or misprision of high treason; and that nothing in the act contained shall prevent the trial of any person who has not been tried for an offence against this act from being tried for the same as high treason, or misprision of high treason. And it is provided by the second section, that any offence against this act, whether committed on the high seas or in England, may be prosecuted and tried before any court of oyer and terminer, or gaol Triat, delivery, for any county in England, as if the said offence had been therein conmitted. It was decided that a sailor in a sick hospital where he had been for thirty days, and therefore was not entitled to pay, nor liable for what he then did to answer before a court martial, was nevertheless a person serving in his Majesty's forces by sea within this statute, so as to make the seducing him an offence within its provisions. (a)
It has been decided, that an indictment upon this statute need Indictment. not set out the means used for seducing the soldier from his duty and allegiance; and that it need not aver that the prisoner knew the person endeavoured to be seduced to be a soldier. It seems also that a double act, namely, that the prisoner endeavoured to incite a soldier to commit mutiny, and also to commit traitor. ons and mutinous practices, may be charged in one count of the indictment. (b)