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The Mutiny Acts were a series of annual Acts passed by the Parliament of England, the Parliament of Great Britain, and the Parliament of the United Kingdom for governing the British Army. The first Mutiny Act was passed in 1689 in response to the mutiny of a large portion of the army which stayed loyal to James II upon William III taking the crown of England.〔William Winthrop, Military Law and Precedents, 19 (2d ed., Government Printing Office 1920)〕 Today, mutiny by British forces is punished under the Armed Forces Act 2006. ==Background== During the middle ages, European rulers applied the same laws to both civilian and military populations.〔William Winthrop, 45.〕 Because of this, military law (law governing armed forces) and martial law (control of society by the military) were not independent legal approaches. Rulers began separating the laws governing the civilian population and the laws for the armed forces as the medieval period drew to a close.〔Henry Wager Halleck, ''Military Tribunals and Their Jurisdiction,'' Mil. L. Rev. Bicent. Issue 14, 15 (1975). Civilian codes and courts eventually gained power at the expense of military law and control. The first code that specifically regulated military personnel (as opposed to civilians) was the French ''ordonnance'' of 1378.〕 In England, William the Conqueror's ''Aural Regis'' (or King's Court) assisted him in ruling both his armed forces and the English population. Over time, this court divided and developed specialized legal expertise. King Edward I created a Court of Chivalry headed by the Lord High Constable and the Earl Marshall, two members of the King's Court.〔John Stuart-Smith, Military Law: It’s History, Administration, and Practice, Mil. L. Rev. Bicent. Issue 24, 28 (1975).〕 This Court of Chivalry was given authority over cases of military law, chivalry, heraldry, and murder or high treason overseas.〔Sir Matthew Hale, ''The History of the Common Law of England'', 26 (Charles M. Grey ed., U. Chi. Press 1971).〕 The army was seen as the crown's personal force. Its governance, as a military force, was the crown's royal prerogative. The crown governed the military by publishing articles of war. These articles applied to the army during a specific war or campaign.〔William Winthrop, 18.〕 The Court of Chivalry assisted the crown by preparing these articles and enforcing them. Therefore, military law could and would change depending on the campaign or war. Although harsh, the articles were clear in their expectations for military personnel. Meanwhile, courts of equity and courts of common law developed and were given authority to govern civilians. Common law did not have rules specific to military forces and common law courts could not apply military rules. However, the crown's articles of war were applied against civilians at various times in Britain encroaching on the power and jurisdiction of the English courts of common law. The arbitrary and capricious use of these harsh laws by the crown against civilians, especially during the reign of the Tudors and Stuarts, caused an outcry against both military law and martial law, which were not yet seen as separate legal approaches. William Blackstone complained, This abuse of the crown's prerogative (the crown's ability to make and enforce rules for the military) caused Parliament to pass the Petition of Right in 1627. This act stated that neither civilians nor soldiers and officers who were in England during peace were subject to military courts or law.〔William Blackstone, Commentaries on the Laws of England vol. IV, 436–7.〕 In other words, only common law courts and courts of equity could exercise authority over individuals in peacetime England. Military law could not be applied to anyone in England, whether soldier or civilian, since only military courts could enforce the Articles of War.〔William Winthrop, 1446. (The Petition of Right ensured, “()hat the exercise of Martial Law, whereby any Person should lose his Life or Member, or Liberty, may not be permitted in Time of Peace, when the King’s Courts are open for all Persons to receive Justice.”)〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Mutiny Acts」の詳細全文を読む スポンサード リンク
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