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OF THE MILITARY AND MARITIME STATES.
THE military ftate includes the whole of the foldiery; or, fuch perfons as are peculiarly appointed among the reft of the people, for the fafeguard and defence of the realm.
IN a land of liberty it is extremely dangerous to make a diftinct order of the profeffion of arms. In abfolute monarchies this is neceffary for the fafety of the prince, and arifes from the main principle of their conftitutions, which is that of governing by fear: but in free ftates the profeffion of a foldier, taken fingly and merely as a profeffion, is juftly an object of jealoufy. In thefe no man fhould take up arms, but with a view to defend his country and it's laws: he puts not off the citizen when he enters the camp; but it is becaufe he is a citizen, and would wifh to continue fo, that he makes himfelf for a while a foldier. The laws therefore and conftitution of thefe kingdoms know no fuch ftate as that of a perpetual ftanding foldier, bred up to no other profeffion than that of war: and it was not till the reign of Henry VII, that the kings of England had fo much as a guard about their perfons.
B b b 2
IN
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IN the time of our Saxon anceftors, as appears from Edward the confeffor's lawsa , the military force of this kingdom was in the hands of the dukes or heretochs, who were conftituted through every province and county in the kingdom; being taken out of the principal nobility, and fuch as were moft remarkable for being “fapientes, fideles, et animofi.” Their duty was to lead and regulate the Englifh armies, with a very unlimited power; “prout eis vifum fuerit, ad honorem coronae et utilitatem regni.” And becaufe of this great power they were elected by the people in their full affembly, or folkmote, in the fame manner as fheriffs were elected: following ftill that old fundamental maxim of the Saxon confititution, that where any officer was entrufted with fuch power, as if abufed might tend to the oppreffion of the people, that power was delegated to him by the vote of the people them felvesb . So too, among the antient Germans, the anceftors of our Saxon forefathers, they had their dukes, as well as kings, with an independent power over the military, as the kings had over the civil ftate. The dukes were elective, the kings hereditary: for fo only can be confiftently underftood that paffage of Tacitusc , “reges ex nobilitate, duces ex virtute fumunt;” in conftituting their kings, the family, or blood royal, was regarded, in chufing their dukes or leaders, warlike merit: juft as Caefar relates of their anceftors in his time, that whenever they went to war, by way either of attack or defence, they elected leaders to command themd . This large fhare of power, thus conferred by the people, though intended to preferve the liberty of the fubject, was perhaps unreafonably detrimental to the prerogative of the crown: and accordingly we find a very ill ufe made of it by Edric duke of Mercia, in the reign of king Edmond Ironfide; who, by his office of duke or heretoch, was entitled to a large command in
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a c. de beretochiis.
b “Ifti vero viri eliguntur per commnue “confilium, pro communi utilitate regni, per “provincias et patrias univerfas et per fingulos comilatus, in pleno folkmote, ficut et vicecomites provinciarum et comitatuum eligi debent.” LL. Edw. Confell. ibid. See alfo Bede, eccl. hift. l.5. c. 10.
c De morib. German. 7.
d “Quum bellum civitas aut illatum defendit, “aut infert, magiftratus qui ei bello praefint “deliguntur.” De bell. Gall. l. 6. c. 22.
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the
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the king's army, and his repeated treacheries at laft transferred the crown to Canute the Dane.
IT feems univerfally agreed by all hiftorians, that king Alfred firft fettled a national militia in this kingdom, and by his prudent difcipline made all the fubjects of his dominion foldiers: but we are unfortunately left in the dark as to the particulars of this his fo celebrated regulation; though, from what was laft obferved, the dukes feem to have been left in poffeffion of too large and independent a power: which enabled duke Harold on the death of Edward the confeffor, though a ftranger to the royal blood, to mount for a fhort fpace the throne of this kingdom, in prejudice of Edgar Atheling, the rightful heir.
UPON the Norman conqueft the feodal law was introduced here in all it's rigor, the whole of which is built on a military plan. I fhall not now enter into the particulars of that conftitution, which belongs more properly to the next part of our comentaries: but fhall only obferve, that, in confequence thereof, all the lands in the kingdom were divided into what were called knight's fees, in number above fixty thoufand; and for every knight's fee a knight or foldier, miles, was found to attend the king in his wars, for forty days in a year; in which fpace of time, before was reduced to a fcience, the campaign was generally finifhed, and a kingdom either conquered or victoriouse . By this means the king had, without any expenfe, an army of fixty thoufand men always ready at his command. And accordingly we find one, among the laws of William the conquerorf , which in the king's name commands and firmly enjoins the perfonal attendance of all knights and others; “quod habeant et teneant fe femper in “armis et equis, ut decet e oportet; et quod femper fint prompti et “parati ad fervitium fuum integrum nobis explendum et peragendum, “cum opus adfuerit, fecundum quod debent de feodis et tenementis fuis
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e The Poles are, even at this day, fo tenacious of their antient conftitution, that their pofpolite, or militia, cannot be compelled to ferve above fix weeks, or forty days, in a year. Mod. Univ. Hift. xxxiv. 12.
f c. 58. See Co. LItt. 75, 76.
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“de
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“de jure nobis facere.” This perfonal fervice in procefs of time degenerated into pecuniary commutations or aids, and at laft the military part of the feodal fyftem was abolifhed at the reftoration, by ftatute 12 Car. II. c. 24.
IN the mean time we are not to imagine that the kingdom was left wholly without defence, in cafe of domeftic infurrections, or the profpect of foreign invafions. Befides thofe, who by their military tenures were bound to perform forty days fervice in the field, the ftatute of Winchefterg obliged every man, according to his eftate and degree, to provide a determinate quantity of fuch arms as were then in ufe, in order to keep the peace: and conftables were appointed in all hundreds to fee that fuch arms were provided. Thefe weapons were changed, by the ftature 4 & 5 Ph. & M. c. 2. into others of more modern fervice; but both this and the former provifion were repealed in the reign of James Ih . While thefe continued in force, it was ufual from time to time for our princes to to iffue commiffioins of array, and fend into every county officers in whom they could confide, to mufter and array (or fet in military order) the inhabitants of every diftrict: and the form of the commiffion of array was fettled in parliament in the 5 Hen. IVi. But at the fame time it was providedk, that no man fhould be compelled to go out of the kingdom at any race, nor out of his fhire but in cafes of urgent neceffity; nor fhould provide foldiers unlefs by confent of parliament. About the reign of king Henry the eighth, and his children, lord lieutenants began to be introduced, as ftanding reprefentatives of the crown, to keep the counties in military order; for we find them mentioned as known officers in the ftatute 4 & 5 Ph. & M. c. 3. though they had not been then long in ufe, for Camden fpeaks of theml , in the time of queen Elizabeth, as extraordinary magiftrates conftituted only in times of difficulty and danger.
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g 13 Edw. I. c. 6.
h Stat. 1 Jac. I. c. 25. 21. Jac. I. c. 28.
i Rufhworth. part. 3. pag. 667.
k Stat. 1 Edw. III. ft. 2. c. 5. & &. 25 Edw. III. ft. 5. c. 8.
l Brit. 103. Edit. 1594.
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IN this ftate things continued, till the repeal of the ftatutes of armour in the reign of king James the firft: after which, when king Charles the firft had, during his northern expeditions, iffued commiffions of lieutenancy and exerted fome military powers which, having been long exercifed, were thought to belong to the crown, it became a queftion in the long parliament, how far the power of the militia did inherently refide in the king; being now unfupported by any ftatute, and founded only upon immemorial ufage. This queftion, long agitated with great heat and refentment on both fides, became at length the immediate caufe of the fatal repture between the king and his parliament: the two houfes not only denying this prerogative of the crown, the legality of which right perhaps might be fomewhat doubtful; but alfo feizing into their won hands the intire power of the militia, the illegality of which ftep could never be any doubt at all.
SOON after the reftoration of king Charles the fecond, when the military tenures were abolifhed, it was thought proper to afcertain the power of the militia, to recognize the fole right of the crown to govern and command them, and to put the whole into a more regular method of military fubordinationm : and the order, in which the militia now ftands by law, is principally built upon the ftatutes which were then enacted. It is true the two laft of them are apparently repealed; but many of their provifions are re-enacted, with the addition of fome new regulations, by the prefent militia laws: the general fcheme of which is to difcipline a certain number of the inhabitants of every county, chofen by lot for three years, and offcered by the lord lieutenant, the deputy lieutenants, and other principal landholders, under a commiffion from the crown. They are not compellable to march out of their counties, unlefs in cafe of invafion or actual rebellion, nor in any cafe compellable to march out of the kingdom. They are to be exercifed at ftated times: and their difcipline in general is liberal
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m 13 Car. II. c. 6. 14 Car. II. c. 3. 15 Car. II. c. 4.
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eafy; but, when drawn out into actual fervice, they are fubject to the rigours of martial law, as neceffary to keep them in order. This is the conftiturional fecurity, which our laws have provided for the public peace, and for protecting the realm againft foreign or domeftic violence; and which the ftatutesn declare is effentially neceffary to the fafety and profperity of the kingdom.
WHEN the nation is engaged in a foreign war, more veteran troops and more regular difcipline may perhaps be neceffary, than can be expected from a mere militia. And therefore at fuch times particular provifions have been ufually made for the raifing of armies and the due regulation and difcipline of the foldiery: which are to be looked upon only as temporary excrefcences bred out of the diftemper of the ftate, and not as any part of the permanent and perpetual laws of the kingdom. For martial law, which is built upon no fettled principles, but is entirely arbitrary in it's decifions, is, as fir Matthew Hale obferveso , in truth and reality no law, but fomething indulged, rather than allowed as a law: the neceffity of order and difcipline in an army is the only thing which can give it countenance; and therefore it ought not to be permitted in time of peace, when the king's courts are open for all perfons to receive juftice according to the laws of the land. Wherefore Edmond earl of Kent being taken at Pontefract, 15 Edw. II. and condemned by martial law, his attainder was reverfed 1 Edw. III. becaufe it was done in time of peace. And it is laid downp, htat if a lieutenant, or other, that hath commiffion of martial authority, doth in time of peace hang or otherwife execute any man by colour of martial law, this is murder; for it is againft magna cartaq . And the petition of right r enacts, that no foldier fhall be quartered on the fubject without his own confents ; and that no commiffion fhall iffue to proceed within this land according to martial law. And whereas, after the reftoration, king
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n 30 Geo. Ii. c. 25. & c.
o HIft. C. L. c. 2.
p 3 Inft. 52.
q cap. 29.
r 3 Car. I. See alfo ftat. 31 Car. II. c. 1.
s Thus, in Poland, no foldier can be quartered upon the gentry, the only freemen in that republic. Mod. Univ. Hift xxxiv. 23.
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Charles the fecond kept up about five thoufand regular troops, by his won authority, for guards and garrifons; which king James the fecond by degrees increafed to no lefs than thirty thoufand, all paid from his own civil lift; it was made one of the articles of the bill of rightst , that the raifing or keeping a ftanding army within the kingdom in time of peace, unlefs it be with confent of parliament, is againft law.
BUT, as the fafhion of keeping ftanding armies has univerfally prevailed over all Europe of late years (though fome of it's potentates, being unable themfelves to maintain them, are obliged to have recourfe to richer powers, and receive fubfidiary penfions for that purpofe) it has alfo for many years paft been annually judged neceffary by our legiflature, for the fafety of the kingdom, the defence of the poffeffions of the corwn of Great Britain, and the prefervation of the balance of power in Europe, to maintain even in time of peace a ftanding body of troops, under the command of the crown; who are however ipfo facto difbanded at the expiration of every year, unlefs continued by parliament.
TO prevent the executive power from being able to apprefs, fays baron Montefquieuu , it is requifite that the armies with which it is entrufteed fhould confift of the people, and have the fame fpirit with the people; as was the cafe at Rome, till Marius new-modelled the legions by enlifting the rabble of Italy, and laid the foundation of all the military tyranny that enfued. Nothing then, according to thefe principles, ought to be more guarded againft in a free ftate, than making the military power, when fuch a one is neceffary to be kept on foot, a body too diftinct from the people. Like ours therefore, it fhould wholly be compfed of natural fubjects; it ought only to be enlifted for a fhort and limited time; the foldiers alfo fhould hlive intermixed with the people; no feparate camp, no barracks, no inland fortreffes fhould be allowed. And perhaps it might be ftil better, if, by difmiffing a ftated number and enlifting others at every renewal of their
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t Stat. 1 W. & M. ft. 2. c. 2.
u Sp. L. 11. 6.
C c c
term,
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term, a circulation could be kept up between the army and the people, and the citizen and the foldier be more intimately connected together.
TO keep this body of troops in order, an annual act of parliament likewife paffes, “to punifh mutiny and defertion, and for “the better payment of the army and their quartes.” This regulates the manner in which they are to be difperfed among the feveral inn-keepers and victuallers throughout the kingdom; and eftablifhes a law martial for their government. By this, among other things, it is enacted, that if any officer and foldier fhall excite, or join any mutiny, or, knowing of it, fhall not give notice to the commanding officer; or fhall defert, or lift in any other regiment, or fleep upon his poft, or leave it before he is relieved, or hold correfpondence with a rebel or enemy, or ftrike or ufe violence to his fuperior officer, or fhall difobey his lawful commands; fuch offender fhall fuffer fuch punifhment as a court martial fhall inflict, though it extend to death itfelf.
HOWEVER expedient the moft ftrict regulations may be in time of actual war, yet, in times of profound peace, a little relaxation of military rigour would not, one fould hope, be productive of much inconvenience. And, upon this principle, though by our ftanding lawsw (ftill remaining in force, though not attended to) defertion in time of war is made felony, without benefit of clergy, and the offence is triable by a jury and before the judges of the common law; yet, by our militia laws beforementioned, a much lighter punifhment is inflicted for defertion in time of peace. So, by the Roman law alfo, defertion in time of war was punifhed with death, but more mildly in time of tranquillityx . But our mutiny act makes no fuch diftinction: for any of the faults therein mentioned are, equally at all times, punifhable with death itfelf, if a court martial fhall think proper. This difcretionary power of the court martial is indeed to be guided by the directions of the crown; which, with regard to
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w Stat. 18 Hen. VI. c. 19. 2. & 3. Edw. VI. c. 2.
x Ff. 49. 16. 5.
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military
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military offences, has almoft an abfolute legiflative power. “His “majefty, fays the act, may form articles of war, and conftitute “courts martial, with power to try any crime by fuch articles, “and inflict fuch penalties as the articles direct.” A vaft and moft important truft! An unlimited power to create crimes, and annex to them any punifhments, not extending to life or limb! Thefe are indeed forbidden to be inflicted, except for crimes declared to be fo punifhable by this act; which crimes we have juft enumerated, and, among which, we may obferve that any difobedience to lawful commands is one. Perhaps on fome future revifion of this act, which is in many refpects haftily penned, it may be thought worthy the wifdom of parliament to afcertain the limits of military fubjection, and to enact exprefs articles of war for the government of the army, as is done for the government of the navy: efpecially as, by our prefent conftitution, the nobility and gentry of the kingdom, who ferve their country as militia officers, are annually fubjected to the fame arbitrary rule during their time of exercife.
ONE of the greateft advantages of our Englifh law is, that not only the crimes themfelves which it punifhes, but alfo the penalties which it inflicts, are afcertained and notorious: nothing is left to arbitrary difcretion: the king by his judges difpenfes what the law has previoufly ordained; but is not himfelf the legiflator. How much therefore is it to be regretted that a fet of men, whofe bravery has fo often preferved the liberties of their country, fhould be reduced to a ftate of fervitude in the midft of a nation of freemen! for fir Edward Coke will inform usy , that it is one of the genuine marks of fervitude, to have the law, which is our rule of action, either concealed or precarious: “mifera eft fervitus, ubi jus eft vagum aut incognitum.” Nor is this ftate of fervitude quite confiftent with the maxims of found policy obferved by other free nations. For, the greater the general liberty is which any ftate enjoys, the more cautious has it ufually been of introducing flavery in any particular order or profeffion. Thefe men, as baron Montefqueu obfervesz , feeing the liberty
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y 4 Inft. 332.
z Sp. L. 15. 12.
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C c c 2
which
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which others poffefs, and which they themfelves are excluded from, are apt (like eunuchs in the eaftern feraglios) to live in a ftate of perpetual envy and hatred towards the reft of the community; and indulge a malignant pleafure in contributing to deftroy thofe privileges, to which they can never be admitted. Hence have many free ftates, by departing from this rule, been endangered by the revolt of their flaves: while, in abfolute and defpotic governments where there no real liberty exifts, and confequently no invidious comparifons can be formed, fuch incidents are extremely rare. Two precautions are therefore advifed to be obferved in all prudent and free governments; 1. To prevent the introduction of flavery at all: or, 2. If it be already introduced, not to intruft thofe flaves with arms; who will then find themfelves an overmatch for the freemen. Much lefs ought the foldiery to be an exception to the people in general, and the only ftate of fervitude in the nation.
BUT as foldiers, by this annual act, are thus put in a wrofe condition than any other fubjects, fo, by the humanity of our ftanding laws, they are in fome cafes put in a much better. By ftatute 43 Eliz. c. 3. a. weekly allowance is to be raifed in every county for the relief of foldiers that are fick, hurt, and maimed: not forgetting the royal hofpital at Chelfea for fuch as are worn out in their duty. Officers and foldiers, that have been in the king's fervice, are by feveral ftatutes, enacted at the clofe of feveral wars, at liberty to ufe any trade or occupation they are fitfor, in any town in the kingdom (except the two univerfities) notwithftanding any ftatute, cuftom, or charter to the countrary. And foldiers in actual military fervice may make their wills, and difpofe of their goods, wages, and other perfonal chattels, without thofe forms, folemnities, and expenfes, which the law requires in other cafesa . Our law does not indeed extend this privilege fo far as the civil law; which carried it to an extreme that borders upon the ridiculous. For if a foldier, in the article of death, wrote any thing in bloody letters on his fhield, or in the duft of the field with his fword, it was a very good military tefta-
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a Stat. 29. Car. II. c. 3. 5. W. III. c. 21. §. 6.
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ment b.
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mentb . And thus much for the military ftate, as acknowleged by the laws of England.
THE maritime ftate is nearly related to the former; though much more agreeable to the principles of our free conftitution. The royal navy of England hath ever been it's greateft defence and ornament: it is it's antient and antural ftrength; the floating bulwark of the ifland; an army, from which, however ftrong and powerful no danger can ever be apprehended to liberty; and accordingly it has been affiduoufly cultivated, even from the earlieft ages. To fo much perfection was our naval reputation arrived in the twelfth century, that the code of marit me lwas which are called the laws of Oleron, and are received by all nations in Europe as the ground and fubftruction of all their marine conftitutions, was confeffedly compiled by our king Richard the firft, at the ifle of Oleron on the coaft of France, then part of the poffeffions of the crown of Englandc . And yet, fo vaftly inferior were our anceftors in this point to the prefent age, that even in the maritime reign of queen Elizabeth, fir Edward Coked thinks it matter of boaft, that the royal navy of England then confifted of three and thirty fhips. The prefent condition of our marine is in great meafure owing to the falutary provifions of the ftatutes, called the navigation-acts; whereby the conftant increafe of Englifh fhipping and feamen was not only encouraged, but rendered unavoidably neceffary. By the ftatute 5 Ric. II. c. 3. in order to augment the navy of England, then greatly diminifhed, it was ordianed, that none of the king's liege people fhould fhip any merchandize out of or into the realm but only in fhips of the king's ligeance, on pain of forfeiture. In the next year, by ftatute 6 Ric. II. c. 8. this wife provifion was enervated, by only obliging the merchants to give Englifh fhips (if able and fuffcient) the preference. But the moft beneficial ftatute for the trade and com-
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b Si milites quid in clypeo literis fanguine fuo retilantibus adnotaverint, aut is pulvere infcripferint gladio fuo, ipfo tempore quo, in piaelio, vitae fortem derelinquunt, bujufinodi voluntatem ftabilem effe eportet. Cod. 6. 21. 15.
c 4 Inft. 144. Coutumes de al mer. 2.
d 4 Inft. 50.
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merce of thefe kingdoms if that navigation-act, the rudiments of which were firft framed in 1650 e , with a narrow partial view: being intended to mortify the fugar iflands, which were difaffected to the parliament and ftill held out for Charles II, by ftopping the gainful trade which they then carried on with the Dutchf ; and at the fame time to clip the wings of thofe our opulent and afpiring neighbours. This prohibited all fhips of foreign antions from trading with any Englifh plantations without licence from the council of ftate. In 1651 g the prohibition was extended alfo to the mother country; and no goods were fuffered to be imported into England, or any of it's dependencies, in any other than Englifh bottoms; or in the fhips of that European nation of which the merchandize imported was the genuine growth or manufacture. At the reftoration, the former provifions were continued, by ftatute 12 Car. II. c. 18. with this very material improvement, thatthe mafter and three fourths of the mariners fhall alfo be Englifh fubjects.
MANY laws have been made for the fupply of the royal navy with feamen; for their regulation when on board; and to confer privileges and rewards on them during and after their fervice.
1. FIRST, for their fupply. The power of impreffing men for the fea fervice by the king's commiffion, has been a matter of fome difpute, and fubmitted to with great reluctance; though it hath very clearly and learnedly been fhewn, by fir Michael Fofterh , that the practife of impreffing, and granting powers to the admiralty for that purpofe, is of very antient date, and hath been uniformly continued by a regular feries of precedents to the prefent time: whence he concludes it to be part of the common lawi . The difficulty arifes from hence, that no ftatute has expreffly declared this power to be in the crown, though many of them very ftrongly imply it. The ftatute 2 Ric. II. c. 4. fpeaks
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e Scobell 132.
f Mod. Un. Hift. xli. 289.
g Scobell. 176.
h Rep. 154.
i See alfo Comb. 245.
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of mariners being arrefted and retained for the king's fervice, as of a thing well known, and practifed without difpute; and provides a remedy againft their running away. By a later ftatute k , if any waterman, who ufes the river Thames, fhall hide himfelf during the execution of any commiffion of preffing for the king's fervice, he is liabel to heavy penalties. By anotherl, no fifherman fhall be taken by the queen's commiffion to ferve as a mariner; but the commiffion fhall be firft brought to two juftices of the peace, inhabiting near the fea coaft where the mariners are to be taken, to the intent that the juftices may chufe out and return fuch a number of ablebodied men, as in the commiffion are contained, to ferve her majefty. And, by otherm , efpecial protections are allowed to feamen in particular circumftances, to prevent them from being impreffed. All which do moft evidently imply a power of impreffing to refide fomewhere; and, if any where, it muft from the fpirit of our conftitution, as well as from the frequent mention of the king's commiffion, refide in the crown alone.
BUT, befides this method of impreffing, (which is only defenfible from public neceffity, to which all private confiderations muft give way) there are other ways that tend to the increafe of feamen, and manning the royal navy. Parifhes may bind out poor boys apprentices to mafters of merchantmen, who fhall be protected from impreffing for the firft three years; and if they are impreffed afterwards, the mafters fhall be allowed their wagesn : great advantages in point of wages are given to volunteer feamen in order to induce them to enter into his majefty's ferviceo : and every foreign feaman, who during a war fhall ferve two years in any man of war, merchantman, or privateer, is naturalized ipfo factop . About the middle of king William's reign, a fcheme was fet on footq for a regifter of feamen to the number of thiry
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k Stat. 2. & 3. Ph. & M. c. 16.
l Stat. 5 Eliz. c. 5.
m Stat. 7 & 8 W. III. c. 21. 2 Ann. c. 6. 4 & 5 Ann. C. 19. 13. Geo. II. c. 17 & c.
n Stat. 2 Ann. c. 6.
o Stat. 1 Geo. II. ft. 2. c. 14.
p Stat. 13 Geo. II. c. 3.
q Stat. 7 & 8 W. III. c. 21.
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Ch. 13.
thoufand, for a conftant and regular fupply of the king's fleet; with great privileges to the regiftered men, and, on the other hand, heavy penalties in cafe of their non-appearance when called for: but this regiftry, being judged to be rather a badge of flavery, was abolifhed by ftatute 9 Ann. c. 21.
2. THE method of ordering feamen in the royal fleet, and keeping up a regular difcipline there, is directed by certain exprefs rules, articles and orders, firft enacted by the authority of parliament foon after the reftorationr ; but fince new-modelled and altered, after the peace of Aix la Chapelles , to remedy fome defects which were of fatal confequence in conducting the preceding war. In thefe articles of the navy almoft every poffible offence is fet down, and the punifhment thereof annexed: in which refpect the feamen have much the advantage over their brethren in the land fervice; whofe articles of war ar not enacted by parliament, but framed from time to time at the pleafure of the crown. Yet from whence this diftinction arofe, and why the excutive power, which is limited fo properly with regard to the navy, fhould be fo extenfive with regard to the army, it is hard to affign a reafon: unlefs it proceeded from the perpetual eftablifhment of the navy, which rendered a permanent law for their regulation expedient; and the temporary duration of the army, which fubfifted only from year to year; and might therefore with lefs danger be fubjected to difcretionary government. But, whatever was apprehended at the firft formation of the mutiny act, the regular renewal of our ftanding force at the entrance of every year has made this diftinction idle. For, if from experience paft we may judge of future events, the army is now laftingly ingrafted into the Britifh conftitution; with this fingularly fortunate circumftance, that any branch of the legiflature may annually put an end to it's legal exiftence, by refufing to concur in it's continuance.
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r Stat. 13 Car. II. ft. 1. c. 9.
s Stat. 22 Geo II. c. 23.
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3.WITH
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The RIGHTS of PERSONS.
BOOK I.
Ch. 13.
3. WITH regard to the privileges conferred on failors, they are pretty much the fame with thofe conferred on foldiers; with regard to relief, when maimed, or wounded, or fuperannuate, either by county rates, or the royal hofpital at Greenwich; with regard alfo to the exercife of trades, and the power of making informal teftaments: and, farthert , no feaman aboard his majefty's fhips can be arrefted for any debt, unlefs the fame be fworn to amount to at leaft twenty pounds; though, by the annual mutiny acts, a foldier may be arrefted for a debt which extends to half that value, but not to a lefs amount.
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i Stat. 1. Geo. II. ft. 2. c. 14.
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