INDEX. Absence without leave, penalty for, 135, 267 form of charge for, 356 Accessory, before the fact, who is to be so considered, 159 (See Murder.) after the fact, who is to be so considered, 160 by receiving, comforting, &c., the felon, 160 form of charge for the offence of being, 360 Accomplice, presumption against testimony of, 228 Acquittal previous. (See Plea.) Act to the prejudice of good order and naval discipline, penalty for, 149, 270 form of charge for, 354 Action at law. (See Courts of Law.) Admiral, Lord High, origin of the title, 3 functions of in England and France, 4 The Marquis of Buckingham appointed, with the assistance of a council, 15 office of, first put into commission, A.D. 1632, 17 The Duke of York appointed, A.D. 1660, 27 Prince George of Denmark appointed, A.D. 1707, 29 Admiralty, Board of, its constitution and composition, 28, 29, 30 has no power to add any punishment to sentence of court- Court of, its origin, 6 its jurisdiction, 30, 86, 87 Affirmation when substituted for oath, 222 n. form of, 223 n. Allegiance, penalty for civilians endeavouring to seduce from, 124, 264 form of charge, 355 Amendment, powers of, when to be exercised by courts-martial, 213 Arrest, commanding officers have authority to place offenders under, course to be followed when an officer is placed under, 49, 306 persons released from, may be subsequently tried by court- illegal, action for, 51, 100, 106 privileges of Parliament no protection from, 51 offender belonging to one of H. M.'s ships may be arrested by warrant of, must be signed by the commander of the ship, may be delivered to any person for execution, 52 duty of provost-marshal in keeping offenders under, 53 of persons belonging to the Navy by the civil power, 314, 315 severity of, 39 mitigation of the 12th Article of 22 G. 2, c. 33, 41 offences and punishments under, 114-153, 261--- 272 Artillery, introduction of, 7 change in tactics occasioned by, 16 Assault, definition of, 157 n. every attempt to commit a felony against the person of another indecent, 170, 271 form of charge for, 366 with intent to do grievous bodily harm by shooting, wound- form of charge for, 361 aggravated, whether with, or without weapon-punishment, form of charge for, 360 with intent to commit a felony, 175 on peace officers, revenue officers, &c., 175 punishment, 175 on persons protecting wreck-punishment, 175 Attempts to commit crimes, 157 to commit murder. (See Murder.) Bailee. (See Theft.) Blake, Admiral, character of, 26 Buccaneers, exploits of, 10 Burglary, definition of the crime, punishment, 180, 181 what constitutes a breaking, either actual, or constructive form of charge for, 362 Burning any magazine, vessel, &c., not belonging to an enemy-punish- ment, 144, 269 proof required, 144 form of charge for, 354 Byng, Admiral, trial and execution of, 39, 40, 115 Capability of committing crimes, general rule, 160 insane persons, 160, 161, 162 persons subject to the power of others not responsible, 163 Captain, the duties of, 304, 305 Charge, must be in writing, 54, 296. (See Forms of, under the titles of must contain the substance of the offence, 54, 296 to whom addressed, on Home stations, 54 on Foreign, 55 by whom considered in the first instance, 55] copy of, to be delivered to the person accused, 298 must be confined to the transaction in issue, 55 must show that the offender is subject to the jurisdiction of the time and place need not be proved in, as laid, except when of immaterial allegations in, need not be proved, 215 amendment of variances in, 213 when not material to the merits of the case, 214 proof of part of the allegations in, generally sufficient, 214 burden of proof on the party asserting the affirmative, 215 Chattel, definition of, 179 n. Cheating. (See False Pretences.) at play with cards, betting, &c., 184 Coin, counterfeit, making, punishment, 187 uttering, punishment, 187, 188 having in possession, punishment, 188 Commander-in-chief, on foreign stations, duties and powers of, 244, 245 Commerce, growth of, in fifteenth and sixteenth centuries, 7 Commonwealth, Instructions of the admirals and generals of the fleet to be made to superior officer, 148, 306 penalty for stirring up disturbance in making, 148, 269 Confession must be free and voluntary, 209 excluded, if extracted by threats, promises or inducements, must be of a temporal nature, not referable to future state must be held out by some person in authority, 210 instances of persons in authority, 210 evidence of facts discovered in consequence of confessions the whole of a confession to be given in evidence, 211 Conspiracy, different descriptions of, 192 must be by two persons at least, 194 statements necessary in a charge of, 193 general proofs, 193 acts of co-conspirators in furtherance of common design, punishment, 194 form of charge for, 362 Conviction, previous. (See Plea.) copy of, to be kept and read on the station, 322 masters of ships under, to obey convoying officer, 139, 268 objects of, to investigate charges in the first instance, 45 report of, when followed, and when not by a court- on the conduct of the Earl of Torrington, 46 on the conduct of Sir John Mordaunt, 46 on the conduct of Colonel Home, 47 form of proceedings before, 47 evidence before, not taken in oath, 48 members of, ought not to sit on court-martial, 48 Courts of Law, concurrent jurisdiction of, with courts-martial, 87, 88 to prohibit proceedings out of the jurisdiction of Courts of Law, will grant writ of habeas corpus to discharge prisoners but not on the ground of informality in the return, 96 actions in, against members of courts-martial, 98 for illegal sentence, 99 for illegal arrest, 100 for excess of punishment, 100 no action will lie for an erroneous judgment, 101 actions in, against officers, 103 for excess of punishment, 104 for illegal exercise of authority, 105 for illegal arrest, 106 for abuse of authority, 107 for excess of authority, 108 no action will lie for acts done in the heat of battle, 108 nor for memorial for redress of grievances, 110 Courts-Martial, earliest examples of, 23 ship court-martial, 24, 25 constitution of, requires extension, 26 on Lord Torrington, 35 on Admirals Matthews and Lestock, 36 on Admiral Byng, 39, 40 peers and members of the House of Commons triable The Queen's Regulations on, 296–303 cannot be demanded by any person as of right, 54 constitution of, 56, 57, 58, 59, 63, 64, 277-280 if not legally constituted, sentence invalid, 67 n. qualifications of officers to sit as members of, 56, 64, 278 not to be held unless three of H. M.'s ships are together authorities empowered to order, 57, 58, 60, 278, 279 members of, to be junior to the president, 60, 61, 65, all officers junior to the president present at the |