Breach of the articles of war

[Megan Roberts]

Whilst searching through some convict hulk records from 1842 I came across the following:







These are the records of 2 soldiers brought back from Barbados who were sentenced to be transported for life for "breach of the articles of war", and were ultimately sent onto VDL (Tasmania) in March 1843.

I am curious what would constitute a "breach of the articles of war"?

[Vagabond227]

It seems that almost anything could breach the articles if you were serving in the navy or army. Life would suggest it was serious though.

https://www.hmsrichmond.org/rnarticles.htm

[helachau]

Naval & Military Gazette & Weekly Chronicle of the United Service,26 Feb 1842
"The penal code of the British Army is divided into seventy articles, called commonly "The Articles of War". Of these about seventeen apply exclusively to officers, leaving more than fifty applicable to the non-commissioned officer and private. Thirteen of the articles involve crimes punishable with death and transportation &c; and fifty seven articles not involving death and transportation, sixteen of which authorise a forfeiture of pay and pension on discharge, in addition to other punishments"

I've enjoyed browsing through (it's also searchable by keyword eg.transportation -
https://babel.hathitrust.org/cgi/pt?...view=1up;seq=5

It's not simply a list of articles but a commentary including examples.

Thanks for raising!

[helachau]

Had a look at Hansard and spotted -
Mutiny Bill, 26 Mar 1878 - considered in committee
Mr Parnell: If he were to make an assertion that there was not a single soul of that House who understood the Articles of War, he should not be very far from stating the truth. Judging from the experience of this Session and last Session, he doubted whether the right hon. Gentleman the Secretary of State for War understood them himself.

[Megan Roberts]

I came across the record when I was page turning the hulks records looking for someone I knew ought to be there but whom I hadn't been able to find through the normal search engine and it's been quite illuminating just what else I have come across.

Convicts from Canada, South America, and the Caribbean transhipped through London before being sent to Australia. The convicts were both civilian and military; both white and black; both British and none British.

There were crimes ranging from the petty to murder - I can't believe that they weren't executed, to piracy to insurections etc.

Not all convicts on the hulk were transported. Some served their sentences there, or at least a proportion of it before being pardoned - even lifers who might spend 7-10 years there.

[Lesley Robertson]

I wonder whether it would be worth checking the papers - the description as “very bad men” suggests that there might have been previous crimes...