FREE BOOKS

Author's List




PREV.   NEXT  
|<   353   354   355   356   357   358   359   360   361   362   363   364   365   366   367   368   369   370   371   372   373   374   375   376   377  
378   379   380   381   382   383   384   385   386   387   388   389   390   391   392   393   394   395   396   397   398   399   400   401   402   >>   >|  
his registry, being judged to be rather a badge of slavery, was abolished by statute 9 Ann. c. 21. [Footnote n: Stat. 2 Ann. c. 6.] [Footnote o: Stat. 1 Geo. II. st. 2. c. 14.] [Footnote p: Stat. 13 Geo. II. c. 3.] [Footnote q: Stat. 7 & 8 W. III. c. 21.] 2. THE method of ordering seamen in the royal fleet, and keeping up a regular discipline there, is directed by certain express rules, articles and orders, first enacted by the authority of parliament soon after the restoration[r]; but since new-modelled and altered, after the peace of Aix la Chapelle[s], to remedy some defects which were of fatal consequence in conducting the preceding war. In these articles of the navy almost every possible offence is set down, and the punishment thereof annexed: in which respect the seamen have much the advantage over their brethren in the land service; whose articles of war are not enacted by parliament, but framed from time to time at the pleasure of the crown. Yet from whence this distinction arose, and why the executive power, which is limited so properly with regard to the navy, should be so extensive with regard to the army, it is hard to assign a reason: unless it proceeded from the perpetual establishment of the navy, which rendered a permanent law for their regulation expedient; and the temporary duration of the army, which subsisted only from year to year; and might therefore with less danger be subjected to discretionary government. But, whatever was apprehended at the first formation of the mutiny act, the regular renewal of our standing force at the entrance of every year has made this distinction idle. For, if from experience past we may judge of future events, the army is now lastingly ingrafted into the British constitution; with this singularly fortunate circumstance, that any branch of the legislature may annually put an end to it's legal existence, by refusing to concur in it's continuance. [Footnote r: Stat. 13 Car. II. st. 1. c. 9.] [Footnote s: Stat. 22 Geo. II. c. 23.] 3. WITH regard to the privileges conferred on sailors, they are pretty much the same with those conferred on soldiers; with regard to relief, when maimed, or wounded, or superannuate, either by county rates, or the royal hospital at Greenwich; with regard also to the exercise of trades, and the power of making informal testaments: and, farther[t], no seaman aboard his majesty's ships can be arrested for any debt, unless the same
PREV.   NEXT  
|<   353   354   355   356   357   358   359   360   361   362   363   364   365   366   367   368   369   370   371   372   373   374   375   376   377  
378   379   380   381   382   383   384   385   386   387   388   389   390   391   392   393   394   395   396   397   398   399   400   401   402   >>   >|  



Top keywords:

Footnote

 

regard

 
articles
 

parliament

 

enacted

 
conferred
 
regular
 
distinction
 

seamen

 

lastingly


ingrafted
 

subjected

 

events

 
future
 
danger
 
constitution
 
branch
 

circumstance

 

singularly

 
fortunate

British

 

standing

 

entrance

 

renewal

 

apprehended

 
formation
 

mutiny

 

experience

 

discretionary

 

legislature


government

 

Greenwich

 
exercise
 

trades

 

making

 

hospital

 

wounded

 
superannuate
 

county

 

informal


testaments

 

arrested

 

majesty

 

aboard

 

farther

 
seaman
 
maimed
 

concur

 

continuance

 

refusing