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The Mutiny Acts were a series of important laws passed for nearly 200 years in England and later Great Britain and the United Kingdom. These laws helped manage, organize, and fund the English and later British Army.

The first Mutiny Act was created in 1689. This happened because a large part of the army stayed loyal to King James II when William III became king during the Glorious Revolution. The Mutiny Act, along with other rules called the Articles of War, explained what mutiny (rebelling against authority) was and how it would be punished. These rules were used until 1879. Later, in 1881, a new law called The Army Act took over. This law was updated or changed every year for a long time, with the most recent update in 1995. Today, if British forces mutiny, they are punished under the Armed Forces Act 2006.

Sometimes, depending on what was happening, more than one Mutiny Act might be passed in a single year. For different parts of the British Empire, special Acts were sometimes made. For example, there was a Mutiny Act for the East India Company in 1754 and for British North America from 1765 to 1776. There were also similar laws called Marine Mutiny Acts, which started in 1755. These laws were specifically for the His Majesty's Marine Forces (like the Royal Marines) when they were on land.

Why These Laws Were Needed

For a long time, during the Middle Ages, rulers in Europe used the same laws for everyone, whether they were regular people or soldiers. This meant there wasn't a clear difference between military law (rules for the army) and martial law (when the military takes control of society). But as the Middle Ages ended, rulers began to create separate laws for civilians and for the armed forces.

In England, William the Conqueror had a special court called the Aural Regis, or King's Court. This court helped him rule both his army and the people of England. Over time, this court split into different parts, each becoming good at different types of law. King Edward I created a Court of Chivalry. This court was in charge of military law, rules about knights, and serious crimes committed overseas. The army was seen as the king's personal force. So, the king had the special right to make rules for the military. He did this by publishing "articles of war." These articles were specific rules for the army during a certain war or campaign. The Court of Chivalry helped the king create and enforce these rules. This meant military law could change a lot depending on the war. Even though these rules were strict, they were clear about what soldiers were expected to do.

At the same time, other courts developed to handle laws for regular people. These were called courts of equity and courts of common law. These courts didn't have special rules for the military. However, before a law called the Petition of Right was passed, especially during the time of the Tudors and Stuarts (earlier kings and queens), the Crown (the king or queen) would sometimes use military rules against civilians in England. They would even hold trials for civilians in military courts. This unfair use of harsh military law, including the death penalty, against regular people caused a lot of anger. People felt that military law shouldn't be used against civilians, especially during peacetime. A famous legal thinker named William Blackstone complained about this. He said that military law was not based on clear rules and was too unfair. He believed it should only be allowed when absolutely necessary for order in the army, and never during peacetime when regular courts were open.

Because the Crown was using its power over the military unfairly, Parliament passed the Petition of Right in 1628. This important law said that neither civilians nor soldiers in England during peacetime could be judged by military courts or military law. Only the regular common-law courts could make decisions about people in England during peacetime. Since military rules didn't fall under these courts, military law couldn't be used against anyone in England, soldier or civilian, during times of peace.

The First Mutiny Act

Quick facts for kids
Mutiny Act 1688
Act of Parliament
Long title An Act for punishing Officers or Soldiers who shall Mutiny or Desert Their Majestyes Service.
Citation 1 Will. & Mar. c. 5
  • (Ruffhead: 1 Will. & Mar. Sess. 1. c. 5)
Dates
Royal assent 3 April 1689
Commencement 12 April 1689
Expired 10 November 1689
Repealed 15 July 1867
Other legislation
Repealed by Statute Law Revision Act 1867
Status: Repealed
Text of statute as originally enacted
Mutiny Act 1690
Act of Parliament
Long title An Act for Punishing Officers and Soldiers who shall mutiny or desert their Majestyes Service and for punishing false Musters.
Citation 2 Will. & Mar. Sess. 2. c. 6
Dates
Royal assent 20 December 1690
Commencement 20 December 1690
Expired 20 December 1691
Repealed 15 July 1867
Other legislation
Repealed by Statute Law Revision Act 1867
Status: Repealed
Text of statute as originally enacted
Mutiny Act 1692
Act of Parliament
Long title An Act for punishing Officers and Soldiers who shall mutiny or desert Their Majesties Service and for punishing False Musters and for the payment of Quarters.
Citation 4 Will. & Mar. c. 13
Dates
Royal assent 14 March 1693
Commencement 10 March 1692
Expired 1 March 1693
Repealed 15 July 1867
Other legislation
Repealed by Statute Law Revision Act 1867
Status: Repealed
Text of statute as originally enacted

In 1688, King William III took the throne from King James II during the Glorious Revolution.

A unit called the Royal Scots had many soldiers who stayed loyal to James II. Their commander, Colonel George Douglas, 1st Earl of Dumbarton, went into exile with James II. A new commander was appointed by William III. While waiting to travel from Ipswich to Flanders, the regiment rebelled on March 15, 1689. They marched home to Scotland, refusing to follow King William III's orders. Since these rebellious troops were in England during peacetime, only common law courts had power over them. However, these courts could not punish mutiny, because it was a military crime, not a common law crime. This meant there was no legal way to stop or punish the soldiers.

To fix this problem, Parliament passed the Mutiny Act 1688. This new law made desertion (leaving the army without permission), mutiny, and rebellion by officers and soldiers crimes that could be tried by a court-martial (a military court) even during peacetime in England. These crimes could even be punished by death. This Act was the beginning of writing down and organizing military law in Great Britain.

Later, the Mutiny Act 1692 also included rules about paying for soldiers' housing and food.

Why the Mutiny Acts Were Renewed Annually

Mutiny Act 1694
Act of Parliament
Long title An Act for continuing the Act for punishing Officers and Souldiers who shall mutiny or desert their Majesties. Service and for punishing false Musters and for the Payment of Quarters for One Yeare longer.
Citation 5 Will. & Mar. c. 15
Dates
Royal assent 16 April 1694
Repealed 15 July 1867
Other legislation
Repealed by Statute Law Revision Act 1867
Status: Repealed
Text of statute as originally enacted
Mutiny (No. 2) Act 1694
Act of Parliament
Long title An Act for continuing Two former Acts for punishing Officers and Soldiers who shall mutiny or desert his Majesties service & for punishing false musters and for payment of quarters for one yeare longer.
Citation 6 & 7 Will. & Mar. c. 8
Mutiny Act 1702
Act of Parliament
Long title An Act for punishing Officers and Soldiers who shall mutiny, or desert Her Majesty's Service, in England or Ireland; and for punishing false Musters; and for better Payment of Quarters in England.
Citation 1 Ann. St. 2. c. 20
(Ruffhead: c. 16)
Other legislation
Repealed by Statute Law Revision Act 1867
Status: Repealed

The Bill of Rights 1689 said that the king could not have a standing army (a permanent army) during peacetime without Parliament's permission. Because of this, the Mutiny Act was made to last only one year. This meant that whether it was wartime or peacetime, military discipline couldn't be enforced without Parliament's approval. This made it impossible for the king to keep a standing army without Parliament's agreement.

As a result, Parliament had to pass a new Mutiny Act every single year. The king still published his "Articles of War" for military forces outside of England, but the Mutiny Acts applied military law to soldiers in peacetime England. Many other changes happened during this time as England moved from a king with total power to a constitutional monarchy (where the king's power is limited by law). These changes were important because England, and later Britain, started to build very large armies and navies.

New Mutiny Acts were passed every year until 1879. The Mutiny Act was changed early on to allow military courts to try soldiers for other military crimes, not just mutiny or desertion. These changes allowed courts-martial to try soldiers for actions forbidden by the king's articles of war, as long as those articles followed the Mutiny Act of 1718. Even civilians who were closely connected to the military, like those who supplied food and goods to soldiers, could sometimes be tried by military courts.

In 1807, a special change to the Mutiny Act freed all black soldiers who had been recruited as slaves in the West India Regiments of the British Army.

The Quartering Acts

Main article: Quartering Acts

The Mutiny Acts of 1765 and 1774 are also known as Quartering Acts. This is because they added new rules about where British troops could stay in the American Colonies, beyond what the army usually provided.

List of Mutiny Acts

Here are some examples of the many Mutiny Acts passed over the years:

England

  • The Mutiny Act 1703

Great Britain

  • The Mutiny Act 1720
  • The Mutiny Act 1727
  • The Mutiny Act 1731
  • The Mutiny Act 1744
  • The Mutiny Act 1753
  • The Mutiny Act 1755
  • The Mutiny Act 1756
  • The Mutiny Act 1759
  • The Mutiny Act 1760
  • The Mutiny Act 1761
  • The Mutiny Act 1762
  • The Mutiny Act 1763
  • The Mutiny Act 1778
  • The Mutiny Act 1786
  • The Mutiny Act 1793
  • The Mutiny Act 1800

United Kingdom

  • The Mutiny Act 1801
  • The Mutiny Act 1802
  • The Mutiny (No. 2) Act 1802
  • The Mutiny (No. 3) Act 1802
  • The Mutiny Act 1803
  • The Mutiny Act 1804
  • The Mutiny Act 1805
  • The Mutiny Act 1806
  • The Mutiny (No. 2) Act 1806
  • The Mutiny (No. 3) Act 1806
  • The Mutiny Act 1807
  • The Mutiny Act 1808
  • The Mutiny Act 1809
  • The Mutiny Act 1810
  • The Mutiny Act 1811
  • The Mutiny Act 1812
  • The Mutiny Act 1815
  • The Mutiny Act 1816
  • The Mutiny Act 1817
  • The Mutiny Act 1819
  • The Mutiny Act 1822
  • The Mutiny Act 1829
  • The Mutiny Act 1830
  • The Mutiny Act 1832
  • The Mutiny Act 1839
  • The Mutiny Act 1841
  • The Mutiny Act 1842
  • The Mutiny Act 1843
  • The Mutiny Act 1846
  • The Mutiny Act 1847
  • The Mutiny Act 1848
  • The Mutiny Act 1849
  • The Mutiny Act 1850
  • The Mutiny Act 1851
  • The Mutiny Act 1852
  • The Mutiny Act 1853
  • The Mutiny Act 1854
  • The Mutiny Act 1855
  • The Mutiny Act 1856
  • The Mutiny Act 1857
  • The Mutiny Act 1858
  • The Mutiny Act 1859
  • The Mutiny Act 1860
  • The Mutiny Act 1861
  • The Mutiny Act 1862
  • The Mutiny Act 1863
  • The Mutiny Act 1864
  • The Mutiny Act 1865
  • The Mutiny Act 1866
  • The Mutiny Act 1867
  • The Mutiny Act 1868
  • The Mutiny Act 1869
  • The Mutiny Act 1870
  • The Mutiny Act 1871
  • The Mutiny Act 1872
  • The Mutiny Act 1873
  • The Mutiny Act 1874
  • The Mutiny Act 1875
  • The Mutiny Act 1876
  • The Mutiny Act 1877
  • The Mutiny Act 1878

Marine Mutiny Acts

There were also specific Mutiny Acts for the Royal Marines when they were on shore. These included:

  • The Marine Mutiny Act 1778
  • The Marine Mutiny Act 1801
  • The Marine Mutiny Act 1802
  • The Marine Mutiny (No. 2) Act 1802
  • The Marine Mutiny (No. 3) Act 1802
  • The Marine Mutiny Act 1803
  • The Marine Mutiny Act 1804
  • The Marine Mutiny Act 1840
  • The Marine Mutiny Act 1860
  • The Marine Mutiny Act 1861
  • The Marine Mutiny Act (1862)
  • The Marine Mutiny Act (1863)
  • The Marine Mutiny Act 1864
  • The Marine Mutiny Act 1866
  • The Marine Mutiny Act 1868
  • The Marine Mutiny Act 1869
  • The Marine Mutiny Act 1870
  • The Marine Mutiny Act 1871
  • The Marine Mutiny Act 1872
  • The Marine Mutiny Act 1873
  • The Marine Mutiny Act 1874
  • The Marine Mutiny Act 1875 (also called the Royal Marines on Shore Act)
  • The Marine Mutiny Act 1876
  • The Marine Mutiny Act 1877
  • The Marine Mutiny Act 1878

See also

  • Incitement to Mutiny Act 1797
  • Army Act
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