The Articles of War are a set of rules, and punishable offenses, that were established to govern conduct within the Avalonian Imperial Navy while at war. It is the Navy code of law.
The Articles of War on board an Avalonian Navy ship have the gravity of holy writ. Every ship carries a paper copy of the Articles on board, inscribed in the hand of the Captain or the Ship's Skald. A copy is preserved at Star Command in magical crystal as well.
Purpose
The Articles of War were created to codify and standardize crime and punishment aboard Avalonian Navy ships. Prior to its adoption, punishments were carried out at the sole discretion of ship and fleet commanders, according to the traditions of spacers and of the seafarers who predated them. They are, at first glance, harsh, but Their Imperial Majesties believed they were necessary to ensure military behaviour among diverse peoples that valued freedom and personal choice above all else.
Document Structure
Clauses
The Articles of War are laid out in a series of 35 clauses, each detailing an offense and its subsequent punishment, and under what conditions each applies.
Caveats
A spacer or soldier swears to uphold the Articles of War upon commission or enlistment in the Avalonian Imperial Navy, and they apply as long as a spacer or soldier continues to serve.
The Articles of War are read publicly at the commissioning of new ships, at least once a month aboardships, when an offender's punishment warrant is read to the ship's company, and at timely intervals by the Captain to the ship's company.
When a disciplinary offence is committed by a member of the ship's company and is serious enough to warrant more severe punishment than the Captain is authorized to assign, notice of the offense is forwarded to the Admiralty. A "Warrant Punishment" is subsequently initiated and then sent back to the ship or naval installation for reading and sentencing.
Warrant punishments are read publicly while the offender stands to attention in front of the formally mustered ship's company, or if received on board at an unusual hour in front of the fallen in Duty Watch.
References
The Articles of War are linked to, but not part of, Their Majesties' Regulations and Orders.
Publication Status
Paper copies of the Articles of War are kept by every ship, station, base or outpost in the Navy's jurisdiction. Often they are framed and kept under glass for anyone to read.
Legal status
The Articles were proclaimed as an official decree of the Imperial Monarchs of the Avalonian Empire, and continue to receive sanction by Star Command and The Admiralty of the Navy.
Historical Details
Background
The Articles of War were signed into naval law at the onset of the Succession Wars to codify behaviour on board Navy ships, especially when elven ships faced off against one other. Their Imperial Majesties needed for rebel factions to be dealt with quickly and without hesitation, but they didn't want any mistreatment of elven prisoners. Nor did they want any factions disloyal to the Crown conspiring with any Crown loyalists.
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Articles of War
That every officer who shall be retained, and every spacer who shall serve in the Avalonian Imperial Navy, shall, at the time of their acceptance of their commission or enlistment, subscribe these rules and regulations. And that the officers and spacers, already of that navy, shall also, as soon as may be, subscribe the same; from the time of which subscription every officer, spacer and soldier, shall be bound by those regulations. But if any of the officers, spacers, or soldiers, now of the said navy, do not subscribe these rules and regulations, then they may be retained in the said navy, subject to the rules and regulations under which they entered into the service, or be discharged from the service, at the option of the High Admiral.
All commanders, captains, and officers, in or belonging to any of Their Imperial Majesties' ships or vessels of war, shall be encouraged to engage in worship according to their faith and preference, 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 all Holy Days of Elven Powers acknowledged by any of a Ship's Company, be observed whenever possible.
All flag officers, and all persons in or belonging to Their Imperial Majesties' ships or vessels of war, being guilty of profane oaths, cursings, execrations, drunkenness, uncleanness, or other scandalous actions, in derogation of Their Majesties' 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 offense shall deserve.
If any officer, spacer, soldier, or other person of the fleet, shall give, hold, or entertain intelligence to or with any enemy or rebel, without leave from Their Imperial Majesties, or the High Admiral, or the commissioners for executing the office of High Admiral, commander in chief, or their commanding officer, every such person so offending, and being thereof convicted by the sentence of a court martial, shall be punished with death.
If any letter of message from any enemy or rebel, be conveyed to any officer, spacer, or soldier or other in the fleet, and the said officer, spacer, or soldier, or other as aforesaid, shall not, within twelve hours, having opportunity so to do, acquaint their 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.
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 endeavour to corrupt any captain, officer, spacer, or other in the fleet, to betray their 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 offense shall deserve, and the court martial shall impose.
No person in the fleet shall receive an enemy or rebel with money, victuals, 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.
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 their share of the capture, and shall suffer such further punishment, as the nature and degree of their offense shall be found to deserve, and the court martial shall impose.
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 Their Imperial Majesties' 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 judgment passed entirely upon the whole without fraud, upon pain that every person offending herein shall forfeit and lose their 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.
If any ship or vessel be taken as prize, none of the officers, spacers, or other persons on board, shall be stripped of their clothes, or in any sort pillaged, beaten, or evilly treated, 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.
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 their duty to engage, or who, upon likelihood of engagement, shall not make the necessary preparations for fight, and shall not in their own person, and according to their place, encourage the inferior officers and crew to fight courageously, shall suffer death, or such other punishment, as from the nature and degree of the offense a court martial shall deem them 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.
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 their superior officer, for assailing, joining battle with, or making defense against any fleet, squadron, or ship, or shall not obey the orders of their superior officer as aforesaid in the time of action, to the best of their 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 offense a court martial shall deem them to deserve.
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 their utmost to take or destroy every ship which it shall be their duty to engage, and to assist and relieve all and every of Their Imperial Majesties' ships, or those of their allies, which it shall be their duty to assist and relieve, every such person so offending, and being convicted thereof by the sentence of a court martial, shall suffer death.
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 their power; being convicted of any such offense by the sentence of a court martial, shall suffer death.
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 pretense of arrears of wages, or upon any pretense 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 them to deserve.
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 Their Imperial Majesties' ships or vessels of war shall receive or entertain a deserter from any other of Their Imperial Majesties' ships or vessels, after discovering them 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.
The officers and seamen of all ships appointed for convoy and guard of merchant ships, or of any other, shall diligently attend upon that charge, without delay, according to their instructions in that behalf; and whosoever shall be faulty therein, and shall not faithfully perform their duty, and defend the ships and goods in their convoy, without either diverting to other parts or occasions, or refusing or neglecting to fight in their defense, if they be assailed, or running away cowardly, and submitting the ships in their convoy to peril and hazard; or shall demand or exact any money or other reward from any merchant or master for convoying any ships or vessels entrusted to their care, or shall misuse the masters or mariners thereof; shall be condemned to make reparation of the damage to the merchants, owners, and others, as the court of admiralty shall adjudge, and also be punished criminally according to the quality of their offenses, be it by pains of death, or other punishment, according as shall be adjudged fit by the court martial.
If any captain, commander, or other officer of any of Their Imperial Majesties' ships or vessels, shall receive on board, or permit to be received on board such ship or vessel, any goods or merchandises whatsoever, other than for the sole use of the ship or vessel, except gold, silver, other trade metals, or jewels, and except the goods and merchandisers belonging to any merchant, or other ship or vessel which may be shipwrecked, or in imminent danger of being shipwrecked, either in the deep void, or in any port, Airt, or harbour, in order to the preserving them for their proper owners, and except such goods or merchandisers as they shall at any time be ordered to take or receive on board by order of the High Admiral of the Navy, or the commissioners for executing the office of High Admiral for the time being; every person so offending, being convicted thereof by the sentence of the court martial shall be cashiered, and be for ever afterwards rendered incapable to serve in any place or office in the naval service of Their Imperial Majesties, their heirs and successors.
If any person in or belonging to the fleet shall make or endeavour to make any mutinous assembly upon any pretense whatsoever, every person offending herein, and being convicted thereof by the sentence of the court martial, shall suffer death: and if any person in or belonging to the fleet shall utter any words of sedition or mutiny, they shall suffer death, or such other punishment as a court martial shall deem them to deserve: and if any officer, spacer, or soldier on or belonging to the fleet, shall behave themself with contempt to their superior officer, being in the execution of their office, they shall be punished according to the nature of their offense by the judgment of a court martial.
If any person in the fleet shall conceal any traitorous or mutinous practice or design, being convicted thereof by the sentence of a court martial, they shall suffer death, or any other punishment as a court martial shall think fit; and if any person, in or belonging to the fleet, shall conceal any traitorous or mutinous words spoken by any, to the prejudice of Their Imperial Majesties or government, or any words, practice, or design, tending to the hindrance of the service, and shall not forthwith reveal the same to the commanding officer, or being present at any mutiny or sedition, shall not use their utmost endeavours to suppress the same, they shall be punished as a court martial shall think they deserve.
If any person in the fleet shall find cause of complaint of the unwholesomeness of the victual, or upon other just ground, they shall quietly make the same known to their superior, or captain, or commander in chief, as the occasion may deserve, that such present remedy may be had as the matter may require; and the said superior, captain, or commander in chief, shall, as far as they are able, cause the same to be presently remedied; and no person in the fleet, upon any such or other pretense, shall attempt to stir up any disturbance, upon pain of such punishment, as a court martial shall think fit to inflict, according to the degree of the offense.
If any officer, spacer, soldier or other person in the fleet, shall strike any of their superior officers, or draw, or offer to draw, or lift up any weapon against them, being in the execution of their office, on any pretense whatsoever, every such person being convicted of any such offense, by the sentence of a court martial, shall suffer death; and if any officer, spacer, soldier or other person in the fleet, shall presume to quarrel with any of their superior officers, being in the execution of their office, or shall disobey any lawful command of any of their superior officers; every such person being convicted of any such offense, by the sentence of a court martial, shall suffer death, or such other punishment, as shall, according to the nature and degree of their offense, be inflicted upon them by the sentence of a court martial.
If any person in the fleet shall quarrel or fight with any other person in the fleet, or use reproachful or provoking speeches or gestures, tending to make any quarrel or disturbance, they shall, upon being convicted thereof, suffer such punishment as the offense shall deserve, and a court martial shall impose.
There shall be no wasteful expense of any shot, ammunition, or other stores in the fleet, nor any embezzlement thereof, but the stores and provisions shall be carefully preserved , upon pain of such punishment to be inflicted upon the offenders, abettors, buyers and receivers (being persons subject to naval discipline) as shall be by a court martial found just in that behalf.
Every person in the fleet, who shall unlawfully burn or set fire to any magazine or store of ammunition, or ship, boat, sloop, pinnace or vessel, or tackle or furniture thereunto belonging, not then appertaining to an enemy, pirate, or rebel, being convicted of any such offense, by the sentence of a court martial, shall suffer death.
Care shall be taken in the conducting and steering of any of Their Imperial Majesties' ships, that through willfulness, negligence, or other defaults, no ship be stranded, or run upon any asteroids or shoals, or split or hazarded, upon pain, that such as shall be found guilty therein, be punished by death, or such other punishment, as the offense by a court martial shall be judged to deserve.
No person in or belonging to the fleet shall sleep upon their watch, or negligently perform the duty imposed on them, or forsake their station, upon pain of death, or such other punishment as a court martial shall think fit to impose, and as the circumstances of the case shall require.
All murders committed by any person in the fleet, shall be punished with death by the sentence of a court martial.
All robbery committed by any person in the fleet, shall be punished with death, or otherwise, as a court martial, upon consideration of the circumstances, shall find meet.
Every officer or other person in the fleet, who shall knowingly make or sign a false muster or muster book, or who shall command, counsel, or procure the making or signing thereof, or who shall aid or abet any other person in the making or signing thereof, shall, upon proof of any such offense being made before a court martial, be cashiered, and rendered incapable of further employment in Their Imperial Majesties' naval service.
No provost martial belonging to the fleet shall refuse to apprehend any criminal, whom they shall be authorized by legal warrant to apprehend, or to receive or keep any prisoner committed to their charge, or willfully suffer them to escape, being once in their custody, or dismiss them without lawful order, upon pain of such punishment as a court martial shall deem them fit to deserve; and all captains, officers, and others in the fleet, shall do their endeavour to detect, apprehend, and bring to punishment all offenders, and shall assist the officers appointed for that purpose therein, upon pain of being proceeded against, and punished by a court martial, according to the nature and degree of the offense.
If any flag officer, captain, or commander, or lieutenant belonging to the fleet, shall be convicted before a court martial of behaving in a scandalous, infamous, cruel, oppressive, or fraudulent manner, unbecoming the character of an officer, they shall be dismissed from Their Imperial Majesties' service.
Every person being in actual service and full pay, and part of the crew in or belonging to any of Their Imperial Majesties' ships or vessels of war, who shall be guilty of mutiny, desertion, or disobedience to any lawful command, in any part of Their Majesties' dominions planetside, when in actual service relative to the fleet, shall be liable to be tried by a court martial, and suffer the like punishment for every such offense, as if the same had been committed in space on board any of Their Majesties' ships or vessels of war.
If any person who shall be in the actual service and full pay of Their Imperial Majesties' ships and vessels of war, shall commit upon planetside, in any place or places out of Their Majesties' dominions, any of the crimes punishable by these articles and orders, the person so offending shall be liable to be tried and punished for the same, in like manner, to all intents and purposes, as if the same crimes had been committed in space, on board any of Their Majesties' ships or vessels of war.
All other crimes not capital committed by any person or persons in the fleet, which are not mentioned in this act, or for which no punishment is hereby directed to be inflicted, shall be punished by the laws and customs in such cases used in space.
--The Avalonian Navy Articles of War
The Articles of War are the Avalonian Imperial Navy's code of law.
If you couldn't tell by the elves, orcs, and magic flying sailing ships in space, this is a work of fiction. Any resemblance to people or locations, living or historical, is purely coincidental, with the exception of Alberdingk Onestone, who may actually be an alternate dimension's version of a famous scientist, only as a gnome.
The Toy Soldier Saga and all original material is copyright (c) 1995-2023 by Diane Morrison. All rights reserved.
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