Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/432

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416
The Rights
Book 1.

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 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.

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 univerſities) notwithſtanding any ſtatute, cuſtom, or charter to the contrary. And ſoldiers in actual military ſervice may make nuncupative wills, and diſpoſe of their goods, wages, and other perſonal chattels, without thoſe forms, ſolemnities, and expenſes, which the law requires in other caſes[1]. Our law does not indeed extend this privilege ſo far as the civil law; which carried it to an extreme that borders upon the ridiculous. For if a ſoldier, in the article of death, wrote any thing in bloody letters on his ſhield, or in the duſt of the field with his ſword, it was a very good military teſta-

  1. Stat. 29 Car. II. c. 3. 5 W. III. c. 21. §. 6.
ment.