1797: 37 George 3 c.70: Incitement to Mutiny

1797: 37 George 3 c.70: An Act for the better Prevention and Punishment of Attempts to seduce Persons serving in His Majesty’s Forces, by Sea or Land, from their Duty and Allegiance to His Majesty, or to incite them to Mutiny or Disobedience.

[6th June 1797.]

‘WHEREAS divers wicked and evil-disposed Persons, by the Publication of written or printed Papers, and by malicious and advised Speaking, have of late industriously endeavoured to seduce Persons serving in his Majesty’s Forces by Sea and Land from their Duty and Allegiance to his Majesty, and to incite them to Mutiny and Disobedience;’ be it enacted by the King’s most excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

[Any Person who shall attempt to seduce any Sailor or Soldier from his Duty, or incite him to Mutiny, &c. to be guilty of Felony without Clergy.]

That, from and after the passing of this Act, any Person who shall maliciously and advisedly endeavour to seduce any Person or Persons serving in his Majesty’s Forces, by Sea or Land, from his or their Duty and Allegiance to his Majesty, or to incite or stir up any such Person or Persons to commit any Act of Mutiny, or to make, or endeavour to make, any mutinous Assembly, or to commit any traiterous or mutinous Practice whatsoever, shall, on being legally convicted of such Offence, be adjudged guilty of Felony, and shall suffer Death as in Cases of Felony without Benefit of Clergy.

[Where Offences may be prosecuted.]

II. Provided always, and be it enacted by the Authority aforesaid, That any Offence committed against this Act, whether committed on the High Seas or within that Part of Great Britain called England, shall and may be prosecuted and tried before any Court of Oyer and Terminer or Gaol Delivery for any County in that Part of Great Britain called England, in such Manner and Form as if the said Offence had been therein committed.

[Persons tried for Offences against this Act, not to be tried again for the same, as]

III. Provided always, and it is hereby declared and enacted, That any Person who shall be tried and acquitted, or convicted of any Offence against this Act, shall not be liable to be indicted, prosecuted, or tried again for the same Offence or Fact, as High Treason, or Misprision of High Treason; and that nothing in

[High Treason, or Misprision of High Treason, &c.]

this Act contained shall be construed to extend, to prevent any Persons guilty of any Offence against this Act, and who shall not be tried for the same as an Offence against this Act, from being tried for the same as High Treason, or Misprision of High Treason, in such Manner as if this Act had not been made.

[Continuance of Act.]

IV. And be it further enacted by the Authority aforesaid, That this Act shall continue and be in force until the Expiration of one Month after the Commencement of the next Session of Parliament, and no longer.

Source: Ruffhead, Statutes at Large, volume 17.

See also: Legislation.gov.uk.

See also: Ireland: 1797: 37 George 3 c.40: Incitement to Disaffection Act.

Further reading: Wikipedia.