ure, for the safety of the kingdom, the
defence of the possessions of the crown of Great Britain, and the
preservation of the balance of power in Europe, to maintain even in
time of peace a standing body of troops, under the command of the
crown; who are however _ipso facto_ disbanded at the expiration of
every year, unless continued by parliament.
TO prevent the executive power from being able to oppress, says baron
Montesquieu[u], it is requisite that the armies with which it is
entrusted should consist of the people, and have the same spirit with
the people; as was the case at Rome, till Marius new-modelled the
legions by enlisting the rabble of Italy, and laid the foundation of
all the military tyranny that ensued. Nothing then, according to these
principles, ought to be more guarded against in a free state, than
making the military power, when such a one is necessary to be kept on
foot, a body too distinct from the people. Like ours therefore, it
should wholly be composed of natural subjects; it ought only to be
enlisted for a short and limited time; the soldiers also should live
intermixed with the people; no separate camp, no barracks, no inland
fortresses should be allowed. And perhaps it might be still better,
if, by dismissing a stated number and enlisting others at every
renewal of their term, a circulation could be kept up between the
army and the people, and the citizen and the soldier be more
intimately connected together.
[Footnote u: Sp. L. 11. 6.]
TO keep this body of troops in order, an annual act of parliament
likewise passes, "to punish mutiny and desertion, and for the better
payment of the army and their quarters." This regulates the manner in
which they are to be dispersed among the several inn-keepers and
victuallers throughout the kingdom; and establishes a law martial for
their government. By this, among other things, it is enacted, that if
any officer and soldier shall excite, or join any mutiny, or, knowing
of it, shall not give notice to the commanding officer; or shall
defect, or list in any other regiment, or sleep upon his post, or
leave it before he is relieved, or hold correspondence with a rebel or
enemy, or strike or use violence to his superior officer, or shall
disobey his lawful commands; such offender shall suffer such
punishment as a court martial shall inflict, though it extend to death
itself.
HOWEVER expedient the most strict regulations may be in time of actual
war,
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