Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/431

 Ch. 13. military offences, has almot an abolute legilative power. "His majety, ays the act, may form articles of war, and contitute courts martial, with power to try any crime by uch articles, and inflict uch penalties as the articles direct." A vat and mot important trut! an unlimited power to create crimes, and annex to them any punihments, not extending to life or limb! Thee are indeed forbidden to be inflicted, except for crimes declared to be o punihable by this act; which crimes we have jut enumerated, and, among which, we may oberve that any diobedience to lawful commands is one. Perhaps in ome future reviion of this act, which is in many repects hatily penned, it may be thought worthy the widom of parliament to acertain the limits of military ubjection, and to enact expres articles of war for the government of the army, as is done for the government of the navy: epecially as, by our preent contitution, the nobility and gentry of the kingdom, who erve their country as militia officers, are annually ubjected to the ame arbitrary rule, during their time of exercie.

of the greatet advantages of our Englih law is, that not only the crimes themelves which it punihes, but alo the penalties which it inflicts, are acertained and notorious: nothing is left to arbitrary dicretion: the king by his judges dipenes what the law has previouly ordained; but is not himelf the legilator. How much therefore is it to be regretted that a et of men, whoe bravery has o often preerved the liberties of their country, hould be reduced to a tate of ervitude in the midt of a nation of freemen! for ir Edward Coke will inform us, that it is one of the genuine marks of ervitude, to have the law, which is our rule of action, either concealed or precarious: "miera et ervitus, ubi jus et vagum aut incognitum." Nor is this tate of ervitude quite conitent with the maxims of found policy oberved by other free nations. For, the greater the general liberty is which any tate enjoys, the more cautious has it uually been of introducing lavery in any particular order or profeion. Thee men, as baron Montequieu oberves, eeing the liberty Rh