“ Under an act of 1661 the high admiral again received power to issue commissions for holding courts-martial—a power which continues to be exercised by the board of admiralty. During the 18th century, under the auspices of Anson, the jurisdiction was greatly extended, and the Consolidation Act of 1749 was passed in which the penalty of death occurs as frequently as the curses in the commination service. The Naval Articles of War have always been statutory, and the whole system may now be said to rest on the Naval Discipline Act 1866, as amended by the act of 1884. ”

“ The death sentence is always carried out by hanging at the yard-arm; Admiral Byng, however, was shot in 1757. The board of admiralty have, under the Naval Discipline Acts, a general power of suspending, annulling, and modifying sentences which are not capital. The jurisdiction extends to all persons belonging to the navy, to land forces and other passengers on board, shipwrecked crews, spies, persons borne on the books of H.M. ships in commission, and civilians on board who endeavour to seduce others from allegiance. ”

“ The modern form of the courts was adopted by ordinance in the time of Charles I., when English soldiers were studying the “articles and military laws” of Gustavus Adolphus and the Dutch military code of Arnheim; it is first recognized by statute in the first Mutiny Act of 1689. ”