after the enemy shall have been repelled, or the rebellion s. 41. s. 50. Service enforced. $. 16. &c. suppressed. And by s. 41. whenever his majesty. shall order the men inrolled to be embodied, the occasion of such order shall be communicated to parliament, if sitting, or otherwise the occasion shall be declared in council, and notified by proclamation. By s. 50. every county, hundred, and parish for which men shall not have been ballotted and inrolled according to the provisions of this act, shall be subject to a fine of £5. for every man remaining deficient: but by s. 10. when such ballot shall be directed, if any persons between the age of 18 and 30 and fit for service shall voluntarily inrol themselves in any parish, and shall amount to the number to be inrolled under such apportionment as aforesaid, then no ballot shall take place. And by s. 16. if any volunteer or person ballotted and inrolled under this act, shall refuse or neglect to appear within such period and at such place as shall be appointed by the deputy lieutenants, and sign the regulations in the schedule to this act annexed, (specifying the fines for non-attendance and misconduct, and containing other regulations relating to persons inrolled,) such person shall forfeit £10.; or if his annual income shall not amount to £100. then the sum of £5.; and such person shall be liable to be ballotted in the succeeding year, and pay such fine; and so in each succeeding year. But by s. 15. no person who shall have been inrolled under this act, and shall have been actually trained and exercised, shall be liable to be ballotted again for the 2 succeeding years. By s. 6. licensed teachers of separate congregations in holy orders, not exercising any other occupation except that of a school-master, and medical from service. men being house-keepers, are exempted from being trained and exercised under this act: and by s. 20. quakers and united brethren shall not be inrolled, but shall pay such fines, not exceeding £7. nor less than 20s., for the year in which they shall be ballotted, as to the deputy lieutenants or justices shall appear proper, according to the situation in life, and property of such person. By s. 18. any ballotted person going into a volunteer corps, and producing a certificate thereof as hereby required, shall be struck out of the inrolment, and s. 15. s. G. Exemptions s. 20. 8. 18. be S. 2. respect to Ireland. be exempt from ballot: but by s. 19. every person claiming exemption from ballot as a member of any yeomanry or volunteer corps, shall in the year succeeding produce a certificate from the commanding officer of such corps, bearing date between the 10th September and 1st October, of his being at that time an effective member of such corps, or be liable to pay a fine of £15. And by s. 2. his majesty's lieutenants and deputy lieutenants appointed under the 42 Geo. 3. c. 90. E. and all justices of peace, constables, and other officers, shall do all acts necessary to put this act in execution, and shall have all the powers for the purpose that are given by the 42 Geo. 3. c. 90. Training act in This act does not extend to Ireland, but the 43 Geo. 3. c. 55. s. 1. requires the governors of counties in Ireland 43 Geo.3. c. 55. and their deputies, in obedience to the orders of the lord lieutenant, to procure returns of men of 15 years of age and under 60, distinguishing which are incapable of service, and which are in volunteer corps or yeomanry, and which of them are willing to be armed, arrayed, trained, and exercised for the defence of the united kingdom, [or to engage in works of labour for the public service, and upon what terms, whether gratuitously or for hire,] distinguishing all aliens and quakers, with such other particulars as the lord lieutenant shall require. And by s. 2. the lord lieutenant and council may require the governors and deputy governors to appoint officers for arraying, training, exercising, and commanding such men, under such regulations and restrictions as the lørd lieutenant shall think fit; such officers to be first approved of by the lord lieutenant; and if within the time specified in the orders for the purpose, a sufficient number of such officers shall not be appointed, the lord lieutenant may appoint as many as shall be necessary. By s. 4. the governors and deputy governors shall have the like powers for putting this act in execution, as they have by any law now in force respecting the militia. This act contains several provisions for the defence and security of the realm during the war, and for indemnifying persons who may suffer in their property by such measures as may be necessary for the purpose. And this act also extended to Great Britain, but was amended by the 43 Geo. 3. c. 96. G. B. 8. 2. 8. 4. G. B. and 43 Geo. 3. c. 120. G. B. which were repealed by the 46 Geo. 3. c. 90. supra. S $ 6. Regular forces. 1W. & M. st. 2. 48 Geo.3.c. 15. U. K. 10 W. 3. c. 1. 8 Eng. 8 Geo. 3. c. 13. 9Geo.3. c. 2. Ir. VI. With respect to the king's regular forces, it is one of the articles of the Bill of Rights, 1 W. & M. st. 2. c. 2. Eng. that the raising or keeping a standing army c. 2. Eng. within the kingdom in time of peace, unless it be with consent of parliament, is against law. The 48 Geo. 3. c. 15. U. K. which is the last annual act "for punishing mutiny and desertion, and for the better payment of the army and their quarters," recites this clause, but that it is judged necessary by his majesty and the parliament, that a body of forces should be continued for the safety of the united kingdom, the defence of the possessions of his majesty's crown, and the preservation of the balance of power in Europe; and accordingly declares, that the whole number of such forces shall consist of 124,063 ẹffective men. The peace establishment of regular forces in Ireland, which was fixed at 12,000 men by the 10 W. 3. c. 1. Eng. was increased to 15,235 men by the Geo. 3. c. 13. Eng. and 9 Geo. 3. c. 2. Ir, and the in- Eng. crease to the Irish establishment occasioned by the war, was at the time of the union, 33,839 men, the 40 Geo. 3. c. 4. Ir. having provided for the subsistence and pay of that additional number, making a total of 49,073 effective men. But the army of the united kingdom of Great Britain and Ireland is now one, controuled by the same mutiny act, and subsisted at the expense of the respective countries, according to the rates of proportionate contribution established by the act of union (40 Geo. 3. c. 38. Ir. and 40 Geo. 3. c. 67. Eng.) It is foreign from he purpose of this Digest to detail the several provisions of the annual mutiny act, some of them will however occur in other parts of this work; but some clauses appear to be proper for this place. By the 48 Geo. 3. 48 Geo. 3. c.15. c. 15. s. 30. U. K. it shall be lawful for his majesty to make articles of war for the better government of his Articles of war. forces; which articles shall be judicially taken notice of by all judges, and in all courts whatsoever, And by s. 31. & 11. for bringing offenders against such articles s. 31. & 11. to justice, it shall be lawful for his majesty to constitute Courts martial. courts s. 30. U. K. s. 32. courts martial, or to grant commissions under his sign manual for the holding of general courts martial; or empowering the chief governor of Ireland, or governor of Gibraltar, or the other dominions of the king, or the commander of the forces, or the general, or other officers not below the degree of field-officers, to convene general courts martial, with power to try and determine any crimes or offences by such articles of war, and to inflict penalties by sentence of the same, within Great Britain and Ireland, in Jersey, Guernsey, Alderney, Sark, or Man, and the islands thereto belonging, and in Gibraltar or any of his dominions, beyond the seas or elsewhere. But by s. 32. no person shall, by such articles of war, be subjected to any punishment extending to life or limb, within Great Britain and Ireland, Jersey, Guernsey, Alderney, Sark, or Man, or any of the isles thereto belonging for any crime which is not expressed to be so punishable by this act; nor for such crimes as are expressed to be so punishable, in any other manner than according to the 8. 13. & 14. provisions of this act. By s. 13. this act shall not exempt any officer or soldier from being proceeded against by the Officers, &c. in certain cases pro- ordinary course of law. And by s. 14. if any officer, ceeded against by the ordinary non-commission officer, or soldier shall be accused of course of in any capital crime, or of any offence against the person, estate or property of any of his majesty's subjects, which is punishable by the laws of the land, the commanding officer of the regiment or party shall use his best endeavours to deliver over such person to the civil magistrate, and shall be aiding to the officers of justice in apprehending such offender; and in case such commanding officer shall be convicted of neglect or refusal so to do in any of his majesty's courts at Westminster or in Scotland or Dublin, he shall be ipso facto cashiered, and disabled to hold any office civil or military within the united kingdom; and a certificate of such conviction shall be transmitted to the judge advocate in London, if the conviction be in Great Britain, or to the judge advocate in Dublin, if such conviction shall be in Ireland. By s. 15. no person being acquitted or convicted of any crime or offence by the civil magistrate, shall be punished by a court martial for the same, otherwise s. 15. than s. 41. Billetting res than by cashiering. This mutiny act (s. 41.) also recites the Petition of Right 3 Car. 1. Eng. by which it is enacted and declared, that the people of the land are not by the trained and regulated. laws to be burthened with the sojourning of soldiers against their wills; and further recites a clause of the 31 Car. 2. Eng. which declared and enacted that no officer civil or military, nor other person should presume to place, quarter, or billet any soldier upon any subject or inhabitant of the realm, without his consent; but for as much as during the continuance of this act, there may be occasion of marching and quartering regiments, &c. in several parts of the united kingdom, it therefore provides for billetting the officers and soldiers in his ma jesty's service, in England, &c. on inns, livery-stables, alehouses, victualling houses, and the houses of sellers of wine by retail, (except freemen of the company of vintners of London,) and on the houses of persons selling brandy, strong water, cider, or metheglin by retail, but not on other shopkeepers, nor on distillers, who do not permit tippling, nor on any private houses; such billetting to be. under the direction of constables and chief magistrates, and subject to the controul of the justices of peace of the division, city, or liberty. And by s. 68, the quartering of soldiers in Ireland shall be as provided by the laws in force at the time of the union. The annual mutiny acts in Ireland Ireland. (of which the 21 & 22 Geo. 3. c. 43. Ir. was the first) contained a recital of the 6 Ann. c. 14. Ir. which declared and enacted that no officer, soldier, or trooper, nor the servant of any officer, nor any attendant on the train of artillery, nor any yeoman of the guard of battle-axes, or officer commanding them, or servant of such officer, should be allowed any quarters save only while they should be on their march, or while remaining in some sea-port town in order to be transported, or during such time as there should be any commotion in the kingdom. But the 40 Geo. 3. c. 7. Ir. and the prior mutiny acts, authorized the billetting his majesty's troops in inns, livery -stables, ale-houses, and on sellers of wine by retail to be drunk in their own houses or places, and on persons selling brandy, strong waters, cider or metheglin by retail; and if not suf ficient room therein, then in such manner as heretofore customary. s. 68. Billetting in |