The Articles of War are a set of regulations drawn up to govern the conduct of a country's military and naval forces.Oxford English Dictionary The first known usage of the phrase is in Robert Monro's 1637 work His expedition with the worthy Scot's regiment called Mac-keyes regiment etc. (in the form "Articles of warres") and can be used to refer to military law in general. In Swedish, the equivalent term Krigsartiklar, is first mentioned in 1556."Krigs-artikel." Svenska akademiens ordbok. Retrieved 2017-01-01. However, the term is usually used more specifically and with the modern spelling and capitalisation to refer to the British regulations drawn up in the wake of the Glorious RevolutionWilliam Winthrop, Military Law and Precedents, 19 (2d ed., Government Printing Office 1920), page 18 and the United States regulations later based on them.
United Kingdom Throughout the Articles' existence, there were separate sets for the army and navy.
Royal Navy England's first Articles of War were written for the Royal Navy. They formed the statutory provisions regulating and governing the behaviour of members of the Royal Navy. They were prominently displayed in all naval ships, and set out a list of criminal provisions which applied to members of the Royal Navy and others to whom the Act applied, in addition to the criminal law of England and Wales and any local criminal law.
The naval Articles of War were originally issued by the Lords Commissioners of the Admiralty in 1653 as fighting instructions after defeat at the Battle of Dungeness. Soon after the Restoration, they were converted into an Act of Parliament.Articles of War, 1661, 1749 and 1866/(1982) After another defeat at the Battle of Toulon, Parliament amended the Articles in 1749, further tightening discipline. These Articles resulted in the execution of Admiral John Byng, despite a clear sentiment in the navy and in Parliament that he should be given a lower punishment. In response, the 1779 amendment was the start of a gradual process of easing the more draconian punishments. The naval Articles were retained in the Naval Discipline Act 1957 but then replaced by the provisions of the tri-service Armed Forces Act 2006.
The following articles and orders were established from the 25th of December 1749; and are directed to be observed and put in execution, as well in time of peace as in time of war.
I. Divine worship. All commanders, captains, and officers, in or belonging to any of His Majesty's ships or vessels of war, shall cause the public worship of Almighty God, according to the liturgy of the Church of England established by law, to be solemnly, orderly and reverently performed in their respective ships; and shall take care that prayers and preaching, by the chaplains in holy orders of the respective ships, be performed diligently; and that the Lord's day be observed according to law. II. Swearing, Drunkenness, scandalous actions, &c. All flag officers, and all persons in or belonging to His Majesty's ships or vessels of war, being guilty of profane oaths, cursings, execrations, drunkenness, uncleanness, or other scandalous actions, in derogation of God's honour, and corruption of good manners, shall incur such punishment as a court martial shall think fit to impose, and as the nature and degree of their offence shall deserve. III. Holding intelligence with an enemy, or rebel. If any officer, mariner, soldier, or other person of the fleet, shall give, hold, or entertain intelligence to or with any enemy or rebel, without leave from the king's majesty, or the lord high admiral, or the commissioners for executing the office of lord high admiral, commander in chief, or his commanding officer, every such person so offending, and being thereof convicted by the sentence of a court martial, shall be punished with death. IV. Letter or message from an enemy, or rebel. If any letter of message from any enemy or rebel, be conveyed to any officer, mariner, or soldier or other in the fleet, and the said officer, mariner, or soldier, or other as aforesaid, shall not, within twelve hours, having opportunity so to do, acquaint his superior or a commanding officer, or if any superior officer being acquainted therewith, shall not in convenient time reveal the same to the commander in chief of the squadron, every such person so offending, and being convicted thereof by the sentence of the court martial, shall be punished with death, or such other punishment as the nature and degree of the offense shall deserve, and the court martial shall impose. V. Spies, and all persons in the nature of spies. All spies, and all persons whatsoever, who shall come, or be found, in the nature of spies, to bring or deliver any seducing letters or messages from any enemy or rebel, or endeavor to corrupt any captain, officer, mariner, or other in the fleet, to betray his trust, being convicted of any such offense by the sentence of the court martial, shall be punished with death, or such other punishment, as the nature and degree of the offence shall deserve, and the court martial shall impose. VI. Relieving an enemy or rebel. No person in the fleet shall relieve an enemy or rebel with money, victuals, powder, shot, arms, ammunition, or any other supplies whatsoever, directly or indirectly, upon pain of death, or such other punishment as the court martial shall think fit to impose, and as the nature and degree of the crime shall deserve. VII. Papers, &c. found on board of prizes. All the papers, charter parties, bills of lading, passports, and other writings whatsoever, that shall be taken, seized, or found aboard any ship or ships which shall be surprised or taken as prize, shall be duly preserved, and the very originals shall by the commanding officer of the ship which shall take such prize, be sent entirely, and without fraud, to the court of the admiralty, or such other court of commissioners, as shall be authorized to determine whether such prize be lawful capture, there to be viewed, made use of, and proceeded upon according to law, upon pain that every person offending herein, shall forfeit and lose his share of the capture, and shall suffer such further punishment, as the nature and degree of his offense shall be found to deserve, and the court martial shall impose. VIII. Taking money or good out of prizes. No person in or belonging to the fleet shall take out of any prize, or ship seized for prize, any money, plate, or goods, unless it shall be necessary for the better securing thereof, or for the necessary use and service of any of His Majesty's ships or vessels of war, before the same be adjudged lawful prize in some admiralty court; but the full and entire account of the whole, without embezzlement, shall be brought in, and judgement passed entirely upon the whole without fraud, upon pain that every person offending herein shall forfeit and lose his share of the capture, and suffer such further punishment as shall be imposed by a court martial, or such court of admiralty, according to the nature and degree of the offense. IX. Stripping or ill treating prisoners. If any ship or vessel be taken as prize, none of the officers, mariners, or other persons on board her, shall be stripped of their clothes, or in any sort pillaged, beaten, or evil-intreated, upon the pain that the person or persons so offending, shall be liable to such punishment as a court martial shall think fit to inflict. X. Preparation for fight. Every flag officer, captain and commander in the fleet, who, upon signal or order of fight, or sight of any ship or ships which it may be his duty to engage, or who, upon likelihood of engagement, shall not make the necessary preparations for fight, and shall not in his own person, and according to his place, encourage the inferior officers and men to fight courageously, shall suffer death, or such other punishment, as from the nature and degree of the offence a court martial shall deem him to deserve; and if any person in the fleet shall treacherously or cowardly yield or cry for quarter, every person so offending, and being convicted thereof by the sentence of a court martial, shall suffer death. XI. Obedience to orders in battle. Every person in the fleet, who shall not duly observe the orders of the admiral, flag officer, commander of any squadron or division, or other his superior officer, for assailing, joining battle with, or making defense against any fleet, squadron, or ship, or shall not obey the orders of his superior officer as aforesaid in the time of action, to the best of his power, or shall not use all possible endeavours to put the same effectually into execution, every person so offending, and being convicted thereof by the sentence of the court martial, shall suffer death, or such other punishment, as from the nature and degree of the offence a court martial shall deem him to deserve. . Withdrawing or keeping back from fight, &c. Every person in the fleet, who through cowardice, negligence, or disaffection, shall in time of action withdraw or keep back, or not come into the fight or engagement, or shall not do his utmost to take or destroy every ship which it shall be his duty to engage, and to assist and relieve all and every of His Majesty's ships, or those of his allies, which it shall be his duty to assist and relieve, every such person so offending, and being convicted thereof by the sentence of a court martial, shall suffer death. XIII. Forbearing to pursue an enemy, &c. Every person in the fleet, who though cowardice, negligence, or disaffection, shall forbear to pursue the chase of any enemy, pirate or rebel, beaten or flying; or shall not relieve or assist a known friend in view to the utmost of his power; being convicted of any such offense by the sentence of a court martial, shall suffer death. XIV. Delaying or discouraging any service. If when action, or any service shall be commanded, any person in the fleet shall presume or to delay or discourage the said action or service, upon pretence of arrears of wages, or upon any pretence whatsoever, every person so offending, being convicted thereof by the sentence of the court martial, shall suffer death, or such other punishment, as from the nature and degree of the offense a court martial shall deem him to deserve. XV. Deserting to an enemy; running away with ships stores. Every person in or belonging to the fleet, who shall desert to the enemy, pirate, or rebel, or run away with any of His Majesty's ships or vessels of war, or any ordnance, ammunition, stores, or provision belonging thereto, to the weakening of the service, or yield up the same cowardly or treacherously to the enemy, pirate, or rebel, being convicted of any such offence by the sentence of the court martial, shall suffer death. XVI. Desertion, and entertaining deserters. Every person in or belonging to the fleet, who shall desert or entice others so to do, shall suffer death, or such other punishment as the circumstances of the offense shall deserve, and a court martial shall judge fit: and if any commanding officer of any of His Majesty's ships or vessels of war shall receive or entertain a deserter from any other of His Majesty's ships or vessels, after discovering him to be such deserter, and shall not with all convenient speed give notice to the captain of the ship or vessel to which such deserter belongs; or if the said ships or vessels are at any considerable distance from each other, to the secretary of the admiralty, or to the commander in chief; every person so offending, and being convicted thereof by the sentence of the court martial, shall be cashiered.