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The Mutiny Act, then, was no measure of leniency for soldiers.
The British Mutiny Act of 1689 provided for the disciplining of a standing army and initiated modern Anglo-American military law.
Mindful of the historical dangers of autocratic military justice and of the limits Parliament set on the peacetime jurisdiction of courts martial over capital crimes in the first Mutiny Act, 1 Wm.
Quartering Act, (1765), in American colonial history, the British parliamentary provision (actually an amendment to the annual Mutiny Act) requiring colonial authorities to provide food, drink, quarters, fuel, and transportation to British forces stationed in their towns or villages.
It was argued for the petitioner that he had not been found guilty of advising or persuading to desert, which was the substance of the offense charged, but, at the utmost, of promoting and aiding in the enlistment into the service of the East India Company, which of itself was no offense under the articles of war or the mutiny act.
The Mutiny Act, without displacing the Articles of War and those Military Tribunals under which the army had hitherto been governed, gave statutory sanction to the infliction of Capital Punishments for offences rather Political than Military, and which had rarely been so punished under Prerogative authority". Clode 9-10.
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The third of the Mutiny Acts of 1715 subjected the soldier to capital punishment for a wide array of peacetime offenses related to political disorder and troop discipline.
Popular suspicion of the standing army persisted, 5 Macaulay 253-273, 393, and Parliament authorized the Mutiny Acts only for periods of six months and then a year, 3 id., at 51-53.
In the United States in 1775 and again in 1806, articles of war were adopted that were modeled upon the mutiny acts and articles then in force in Great Britain.
With the introduction of a standing army in England in 1689, Parliament aimed to prevent this force coming under complete control of the sovereign by a series of mutiny acts, normally passed annually, to which the prerogative articles were subordinate.
It was for Parliament, as it did in the various Mutiny Acts, to designate as the times required what peacetime offenses by soldiers deserved the punishment of death; and it was for Parliament, as it did in 1713, to delegate the authority to define wartime offenses and devise their punishments, including death.
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