term, a circulation could be kept up between the army and the people, and the citizen and the ſoldier be more intimately connected together.
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 deſert, or lift 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, yet, in times of profound peace, a little relaxation of military rigour would not, one ſhould hope, be productive of much inconvenience. And, upon this principle, though by our ſtanding laws[1] (ſtill remaining in force, though not attended to) deſertion 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 before-mentioned, a much lighter puniſhment is inflicted for deſertion in time of peace. So, by the Roman law alſo, deſertion in time of war was puniſhed with death, but more mildly in time of tranquillity[2]. But our mutiny act makes no ſuch diſtinction: for any of the faults above-mentioned are, equally at all times, puniſhable with death itſelf, if a court martial ſhall think proper. This diſcretionary power of the court martial is indeed to be guided by the directions of the crown; which, with regard to
