tor. How much
therefore is it to be regretted that a set of men, whose bravery has
so often preserved the liberties of their country, should be reduced
to a state of servitude in the midst of a nation of freemen! for sir
Edward Coke will inform us[y], that it is one of the genuine marks of
servitude, to have the law, which is our rule of action, either
concealed or precarious: "_misera est servitus, ubi jus est vagum aut
incognitum_." Nor is this state of servitude quite consistent with the
maxims of sound policy observed by other free nations. For, the
greater the general liberty is which any state enjoys, the more
cautious has it usually been of introducing slavery in any particular
order or profession. These men, as baron Montesquieu observes[z],
seeing the liberty which others possess, and which they themselves
are excluded from, are apt (like eunuchs in the eastern seraglios) to
live in a state of perpetual envy and hatred towards the rest of the
community; and indulge a malignant pleasure in contributing to destroy
those privileges, to which they can never be admitted. Hence have many
free states, by departing from this rule, been endangered by the
revolt of their slaves: while, in absolute and despotic governments
where there no real liberty exists, and consequently no invidious
comparisons can be formed, such incidents are extremely rare. Two
precautions are therefore advised to be observed in all prudent and
free governments; 1. To prevent the introduction of slavery at all:
or, 2. If it be already introduced, not to intrust those slaves with
arms; who will then find themselves an overmatch for the freemen. Much
less ought the soldiery to be an exception to the people in general,
and the only state of servitude in the nation.
[Footnote y: 4 Inst. 332.]
[Footnote z: Sp. L. 15. 12.]
BUT as soldiers, by this annual act, are thus put in a worse condition
than any other subjects, so, by the humanity of our standing laws,
they are in some cases put in a much better. By statute 43 Eliz. c. 3.
a weekly allowance is to be raised in every county for the relief of
soldiers that are sick, hurt, and maimed: not forgetting the royal
hospital at Chelsea for such as are worn out in their duty. Officers
and soldiers, that have been in the king's service, are by several
statutes, enacted at the close of several wars, at liberty to use any
trade or occupation they are fit for, in any town in the kingdom
(except the two uni
|