No. XI.

FOREIGN ENLISTMENT ACT, 1819.1

An Act to prevent the enlisting or Engagement of His Majesty's Subjects to serve in Foreign Service, and the fitting out or equipping, in His Majesty's dominions, Vessels for Warlike Purposes without His Majesty's Licence.-[3d July 1819.]

'Whereas the Enlistment or Engagement of His Majesty's subjects to serve in War in Foreign Service, without His Majesty's Licence, and the fitting out and equipping and arming of Vessels by His Majesty's subjects, without His Majesty's licence, for Warlike Operations in or against the Dominions or Territories of any Foreign Prince, State, Potentate, or Persons exercising or assuming to exercise the Powers of Government in or over any Foreign Country, Colony, Province, or Part of any Province, or against the Ships, Goods, or Merchandise of any Foreign Prince, State, Potentate, or Persons as aforesaid, or their Subjects, may be prejudicial to and tend to endanger the Peace and Welfare of this Kingdom: And whereas the Laws in force are not sufficiently effectual for preventing the same': Be it therefore 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, That from and after the passing of this Act, an Act passed in the Ninth Year of the Reign of His late Majesty

1 The American Foreign Enlistment Act of 1794, c. 50, will be found in the Statutes at large, vol. i. p. 381, and that of 1818, c. 88, ib. vol. iii. p. 447.

30.

17.

King George the Second, intituled "An Act to prevent the 9 G. 2, c. listing His Majesty's Subjects to serve as Soldiers without His Majesty's Licence;" and also an Act passed in the Twenty-ninth Year of the reign of His said late Majesty King George the Second, intituled "An Act to prevent His Majesty's 29 G. 2, c. subjects from serving as Officers under the French King; and for better enforcing an Act passed in the Ninth Year of His present Majesty's reign, to prevent the enlisting His Majesty's subjects to serve as Soldiers without His Majesty's Licence; and for obliging such of His Majesty's subjects as shall accept Commissions in the Scotch Brigade in the service of the States General of the United Provinces, to take the Oaths of Allegiance and Abjuration;" and also an Act passed in Ireland in the Eleventh Year of the reign of His Irish Act, said late Majesty King George the Second, intituled Act for the more effectual preventing the enlisting of His Majesty's Subjects to serve as Soldiers in Foreign Service without His Majesty's Licence;" and also an Act passed in Ireland in the Nineteenth Year of the reign of His said late Majesty King George the Second, intituled "An Act for Irish Act, the more effectual preventing His Majesty's Subjects from entering into Foreign Service," and for publishing an Act of the Seventh Year of King William the Third, intituled An Act to prevent Foreign Education;' and all and every the Clauses and Provisions in the said several Acts contained, shall Recited be and the same are hereby repealed.

"An

11 G. 2.

19 G. 2.

Acts re

pealed.

enlisting

Suc- or engag ing to enhis list or

2. And be it further declared and enacted, That if any Subjects natural-born Subject of His Majesty, His Heirs and cessors, without the Leave or Licence of His Majesty, Heirs or Successors, for that Purpose first had and obtained, foreign

serve in

service,

under the Sign Manual of His Majesty, his Heirs or Succes- military or

naval, guilty of

misdemeanor.

sors, or signified by Order in Council, or by Proclamation of His Majesty, his Heirs or Successors, shall take or accept, or shall agree to take or accept, any Military Commission, or shall otherwise enter into the Military Service as a Commissioned or Non-Commissioned Officer, or shall enlist or enter himself to enlist, or shall agree to enlist or to enter himself to serve as a Soldier, or to be employed or shall serve in any Warlike or Military Operation, in the Service of or for or under or in aid of any Foreign Prince, State, Potentate, Colony, Province, or Part of any Province or People, or of any Person or Persons exercising or assuming to exercise the Powers of Government in or over any Foreign Country, Colony, Province, or part of any Province or People, either as an Officer or Soldier, or in any other Military Capacity; or if any naturalborn Subject of His Majesty shall, without such Leave or Licence as aforesaid, accept, or agree to take or accept, any Commission, Warrant, or Appointment as an Officer, or shall enlist or enter himself, or shall agree to enlist or enter himself, to serve as a Sailor or Marine, or to be employed, or engaged, or shall serve in and on board any Ship or Vessel of War, or in and on board any Ship or Vessel used or fitted out, or equipped or intended to be used for any Warlike Purpose, in the Service of or for or under or in aid of any Foreign Power, Prince, State, Potentate, Colony, Province, or Part of any Province or People, or of any Person or Persons exercising or assuming to exercise the Powers of Government in or over any Foreign Country, Colony, Province, or Part of any Province or People; or if any natural-born Subject of His Majesty shall, without such Leave and Licence as aforesaid, engage, contract, or agree to go, or shall go to any Foreign State, Country, Colony, Province, or Part of any Province, or to any

Place beyond the Seas, with an intent or in order to enlist or enter himself to serve, or with intent to serve in any Warlike or Military Operation whatever, whether by Land or by Sea, in the Service of or for or under or in aid of any Foreign Prince, State, Potentate, Colony, Province, or Part of any Province or People, or in the Service of or for or under or in aid of any Person or Persons exercising or assuming to exercise the Powers of Government in or over any Foreign Country, Colony, Province, or Part of any Province or People, either as an Officer or a Soldier, or in any other Military Capacity, or as an Officer or Sailor, or Marine, in any such Ship or Vessel as aforesaid, although no enlisting Money or Pay or Reward shall have been or shall be in any or either of the Cases aforesaid actually paid to or received by him, or by any Person to or for his Use or Benefit; or if any Person whatever, within the United Kingdom of Great Britain and All perIreland, or in any part of His Majesty's Dominions elsewhere, taining or procuring or in any Country, Colony, Settlement, Island, or Place belong- others to enlist, ing to or subject to His Majesty, shall hire, retain, engage, or guilty of procure, or shall attempt or endeavour to hire, retain, engage, offence. or procure any Person or Persons whatever to enlist, or to enter or engage to enlist, or to serve or to be employed in any such Service or Employment as aforesaid, as an Officer, Soldier, Sailor, or Marine, either in Land or Sea Service, for or under or in aid of any Foreign Prince, State, Potentate, Colony, Province, or Part of any Province or People, or for or under or in aid of any Person or Persons exercising or assuming to exercise any Powers of Government as aforesaid, or to go or to agree to go or embark from any part of His Majesty's Dominions for the purpose or with intent to be so enlisted, entered, engaged, or employed as aforesaid, whether

sons re

the like

any enlisting Money, Pay, or Reward shall have been or shall be actually given or received, or not; in any or either of such Cases, every Person so offending shall be deemed guilty of a Misdemeanor, and upon being convicted thereof, upon any Information or Indictment, shall be punishable by Fine and Imprisonment, or either of them, at the Discretion of the Court before which such Offender shall be convicted.

Act not to 3. Provided always, and be it enacted, That nothing in extend to this Act contained shall extend or be construed to extend to persons enlisted or serving be- render any Person or Persons liable to any Punishment or times here- Penalty under this Act, who at any time before the first day

fore the

in speci

fied.

of August One thousand eight hundred and nineteen, within any Part of the United Kingdom, or of the Islands of Jersey, Guernsey, Alderney, or Sark, or at any time before the first day of November One thousand eight hundred and nineteen, in any part or place out of the United Kingdom, or of the said Islands, shall have taken or accepted, or agreed to take or accept any Military Commission, or shall have otherwise enlisted into any Military Service as a Commissioned or NonCommissioned Officer, or shall have enlisted, or entered himself to enlist, or shall have agreed to enlist or to enter himself to serve as a Soldier, or shall have served, or having so served shall, after the said first day of August One thousand eight hundred and nineteen, continue to serve in any Warlike or Military Operation, either as an Officer or Soldier, or in any other Military Capacity, or shall have accepted, or agreed to take or accept any Commission, Warrant, or Appointment as an Officer, or shall have enlisted or entered himself to serve, or shall have served, or having so served shall continue to serve as a Sailor, or Marine, or shall have been employed or engaged, or shall have served, or having so served shall, after the said