allowance as may be made for deferters in confinement by any fpecial regulation then in force: the pay and extra allowance, if any, to be charged on the back of the route, to which is to be annexed a certificate from the commanding officer, that the man has been difmiffed by order.

Efcort. When an order is received by the commanding officer of any corps, or detachment, for a party to take charge of a deferter, and convey him to any place, he advances fo much money on account of pay for the deferter, as is fufficient to defray his arrears, during the time of his confinement, and the expenfe, if any, of medicines and attendance. He likewife caufes fuch neceffaries as the man may stand in need of to be provided and paid for, which are not to exceed one shirt, one pair of fhoes, and one pair of ftockings; the fums fo defrayed, and advanced, muft appear diftinctly on the back of the route, as likewife the particular and actual charge of the neceffaries, figned by the commanding officer himself, or by the adjutant or payniafter, by his direction. The commanding officer alfo caufes to be advanced a further fum, fufficient to fubfift the deferter to the next quarter on the road; on arrival at which, the officer commanding there repays the non-commissioned officer of the efcort the money difburfed at the first quarter, and fo much of the fum advanced for fubfiftence, as appears expended, and properly accounted for on the route; and alfo advances the fum neceflary to fubfift the deferter to the next quarter on his route; the total of the fum disbursed at the fecond quarter, and fo much of the fum advanced there for fubfiftence, as appears expended, and properly accounted for on the route, are in like manner repaid by the officer commanding at the third quarter; and fo on, from quarter to quarter, until the deferter arrives at his final deftination.

The jailor, and the non-commiffioned officer who takes charge of the deserter, muft likewife fign to the fums respectively received by them.

When a deferter is delivered over from one party to another, the commanding officer of the corps, to which the latter party belongs, or the adjutant or paymaster, by his direction, muft carefully infpect the route, and fee that the money received is there properly accounted for; if upon fuch infpection of the route, any improper charges are found, they are croffed out, and the amount only of what had been advanced, exclufive of fuch improper charges, returned by the regiment receiving the deferter; the non-commiffioned officer under whom fuch improper charges were incurred, is required by his commanding officer to make good the amount, and on failure is to be put under ftoppages.

No

No pay can be advanced, nor neceffaries provided, but by order of the commanding officer, adjutant, or paymafter, who figns the charge; and no more pay will be advanced than the time and distance may require. At thofe ftations where the efcort is relieved by a detachment under the command of a quarter-master, or of a non-commiffioned officer, fuch oficer is to fign for the expenditure; who, in that cafe, is to fubjoin to his fignature, the following words; No fuperior officer at the ftation.

Neceffaries are fupplied but once for any march; if destroyed, or made away with, the officer commanding at the next quarter muft order a detachment court martial to try the prifoner, non-commiffioned officer, or any of the efcort who appear to be in fault, in order that an immediate example may be made of the offender; after which, fhould the punishment inflicted render him unable to proceed, the fame must be reported; in Great Britain, to the commander in chief; and in Ireland, to the commander of the forces.

No horfe or carriage hire is allowed, except in cafe of a deferter being taken fo ill between one ftage and another, as to be incapable of proceeding on foot; on fuch occurrence happening, the neceflity that occafioned the extra charge mult be certified on the back of the route by the commanding officer, and a furgeon at the next town; and should the deferter ftill be unable to proceed on foot, a report is to be made to the war-office for further inftructions.

No fees are allowed at jails; the mutiny act having exprefsly provided for the admiffion of deferters on the road, as at the places where they are firft committed; therefore all non-commiffioned officers, commanding efcorts with deferters, endeavour, as much as poffible, to march in fuch a manner as to lie in towns or villages having public places of confinement, or where troops are ftationed, as they must otherwife be refponsible for the fecurity of the deferters in their own quarters.

Expenfe. The agent of the regiment to which a deferter belongs, or the paymafter, repays the money advanced, as above mentioned, provided it is properly accounted for on the route, and charges the fame against the public; if in regular regiments, as recruiting difburfements, under the following heads, viz. the fubfiftence at 6d. per day for each deferter, whether from the cavalry or the infantry, during the period of his confinement, and on the march; the extra allowance for the fame time liable to variation or difcontinuance, according to the price of provifions; neceffaries not exceeding the limits prescribed by the inftructions; and handcuffs; medicines, and other neceffary expences in confequence of fickness; fubject

Bb3

fubject to the approval of the inspector of regimental hofpitals.

The deferter is not to be replaced on the ftrength of his regiment, until the day he joins it.

The route by which deferters are marched muft, in no cafe, include men belonging to different regiments. Each route is to be carefully preferved, and depofited with the agent or paymafter, who reimburses the expenfes, in order to its being tranfmitted with their public accounts, as vouchers for the charges.

NAVY AND ARMY.

It was ftated that befides the peculiar circumstances characteristic of each fervice, there were fome common to both, which it would be proper to include in one divifion. Thefe particulars relate principally to offences and benefits.

VAGRANCY. The law was formerly very fevere against idle foldiers and mariners wandering about the realm, or perfons pretending fo to be, and abufing the name of that honourable profeffion. Such a perfon not having a teftimonial, or pass, from a justice of the peace, limiting the time of his paffage; or exceeding the time limited by fourteen days, unless he fell fick; or forging fuch teftimonial; was by ftatute 39 Eliz. c. 17, made guilty of felony without benefit of clergy. This fanguinary law, which though in practice defervedly antiquated, long remained a difgrace to the ftatute book, was yet attended with this mitigation, that the offender might be delivered, if any honeft freeholder or other perfon of fubftance would take him into his fervice, and he remained in the fame for one year; unless licensed to depart by his employer, who in fuch cafe was to forfeit ten pounds. By the effect of fubfequent acts of parliament, foldiers and mariners in this predicament are put on the fame footing with other vagrants, but with fome fpecial exceptions in their favour; for every foldier, marine, or failor, on carrying his discharge within three days, to the nearest magiftrate, may receive a certificate of his place of fettlement, on production of which, being in his route, he is not to be deemed a vagabond for afking relief. But this certificate can only be made ufe of in the direct route of the poffeffor, from the place where it was given, to that of his legal fettlement; and it muft contain a fixed time for its expiration, not exceeding the rate of ten days for every one hundred miles, and must exprefs the fums of money, if any, which were paid to the party when it was given: wives of non-commiffioned officers or foldiers gone abroad, on making proof of not being

permitted

permitted to embark with their husbands, receive from the nearest chief magistrate a like certificate of their place of fettlement, which entitles them to afk for relief while in their route, and fuch perfous afking relief, with the limitations before expreffed, are not fubject to the laws againft vagrants. In cafe of accident or ficknefs duly proved, which fhall prevent the perfon having fuch certificate from proceeding on his or her journey, according to the terms prefcribed, the chief magiftrate of any other city, town, port, or corporate place where fuch perfon fhall be or arrive, may grant a new certificate, ftating the true reafons for granting it, and containing the like provifions with the former, to which it is to be ammexed. Certificates or paffes granted as ufual from the office of admiralty or waroffice to difcharged failors, foldiers, or marines, or to the families of failors, foldiers, or marines, ferving abroad, or lately deceased, to carry them to their respective homes, have the fame effect and force as the certificates of magiftrates, and may be, according to circumstances, renewed or extended by

them.

it

DESERTION. To what has already been faid on this fubjec may be proper to add, that defertion from the king's armies in time of war, whether by land or fea, in England, or in parts beyond the feas, is by the standing laws of the land (exclufive of the annual acts of parliament to punifh mutiny and desertion,} and particularly by ftatute 18 Hen. VI. c. 19. and 5 Eliz. c. 5. made felony, but not without benefit of clergy. But by the ftatute 2 and 3 Edw. VI. c. 2. clergy is taken away from fuch deferters, and the offence is made triable by the justices of every thire. The fame ftatutes punih other inferior military offences with fines, imprifonment, and other penalties.

COURTS MARTIAL. For the invefligation and punishment of every kind of offence committed by perfons ferving in the army or navy, while on aual duty, the tribunal called a courtmartial is eftablished. The origin of thefe courts is faid to be found in the court of chivalry, but perhaps it may be with lefs hazard of error afcribed to the neceflity of fpeedy judgment, and peremptory regulation, in a ftate where force must be exercifed with unhesitating unanimity, where general deliberation cannot exist without common ruin, and where mutual confdence and good opinion must be preferved by the molt rigid adherence to the laws of honour and rules of propriety. There. fore, although the law of the land punishes mutiny and desertion as already has been mentioned, ftill the nature of military fervice will not admit of the delays and formalities which would be neceflary in appealing to ordinary courts; although most of the crimes of which the court-martial takes cognizance would Bb 4

be

1

be punished by a jury, yet the delinquent must rather escape with impunity, than the public fervice be delayed by the neceffary abfence of parties and witnesses from a ship or a regi ment; and although most mifdemeanors would render the perfon offending amenable to a civil tribunal, yet it is found inconfiftent with the high and ardent fenfibility which is the very life of honourable fervice, that pecuniary compenfation fhould be fought, when an appeal to the opinion of those who are equally interefted with the person who complains in the maintenance of his honour, will be productive of a more fatiffactory and not less just determination. It was not, however, till the reign of Charles II. that a regular court for the administration of martial law in the army or navy, was established: but the decline of the court of chivalry, to which fuch cases might have been referred, then rendered the measure neceffary, and the fyftem has been pursued with various improvements to the prefent time. It is obferved that in the naval articles, contained in the act 22 Geo. II. almost every poffible offence is fet down, and the punishment annexed; in which refpect the feamen have much the advantage over their brethren in the land fervice, whofe articles of war are not enacted by parliament, but framed from time to time, at the pleasure of the crown; which, with regard to military offences, has a fole, and almost abfolute legiflative power. For, by the mutiny act, his majesty may form, make, and establish articles of war, and conftitute courts-martial, with power to try any crime by fuch articles, and inflict penalties by fentence or judgment of the fame, which articles must be judicially taken notice of by all judges, and in all courts whatever; but it is at the fame time provided, " that no officer or foldier fhall, by fuch articles of war, be subjected to any punishment extending to life or limb, for any crime which " is not expreffed to be fo punishable by the mutiny act." This, Sir William Blackstone obferves, is a vast and important truft; an unlimited power to create crimes, and annex to them any punishments, not extending to life or limb! It cannot however efcape the reader's obfervation, that the annual confent of parliament is requifite to pass the mutiny act, and that confequently no permanent evil can refult from the exercife of royal authority.

.66

A power is given to the lords of the admiralty over the marines, by an annual act paffed " for the regulation of his majefty's marine forces while on fhore," fimilar to that given to the crown by the annual mutiny act. And officers of marines may be affociated with officers of the land forces, for the purpofe of holding courts-martial, as often as it fhall be expedient, and particularly in certain cafes, wherein the marine forces may

be