Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/428

 412 and eay; but, when drawn out into actual ervice, they are ubject to the rigours of martial law, as neceary to keep them in order. This is the contitutional ecurity, which our laws have provided for the public peace, and for protecting the realm againt foreign or dometic violence; and which the tatutes declare is eentially neceary to the afety and properity of the kingdom.

the nation was engaged in war, more veteran troops and more regular dicipline were eteemed to be neceary, than could be expected from a mere militia. And therefore at uch times more rigorous methods were put in ue for the raiing of armies and the due regulation and dicipline of the oldiery: which are to be looked upon only as temporary excrecences bred out of the ditemper of the tate, and not as any part of the permanent and perpetual laws of the kingdom. For martial law, which is built upon no ettled principles, but is entirely arbitrary in it's deciions, is, as ir Matthew Hale oberves, in truth and reality no law, but omething indulged, rather than allowed as a law: the neceity of order and dicipline in an army is the only thing which can give it countenance; and therefore it ought not to be permitted in time of peace, when the king's courts are open for all perons to receive jutice according to the laws of the land. Wherefore Thomas earl of Lancater being condemned at Pontefract, 15 Edw. II. by martial law, his attainder was revered 1 Edw. III. becaue it was done in time of peace. And it is laid down, that if a lieutenant, or other, that hath commiion of martial authority, doth in time of peace hang or otherwie execute any man by colour of martial law, this is murder; for it is againt magna carta. And the petition of right enacts, that no oldier hall be quartered on the ubject without his own conent ; and that no commiion hall iue to proceed within this land according to martial law. And whereas, after the retoration, king Rh