Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/436

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420
The Rights
Book 1.

thouſand, for a conſtant and regular ſupply of the king's fleet; with great privileges to the regiſtered men, and, on the other hand, heavy penalties in caſe of their non-appearance when called for: but this regiſtry, being judged to be rather a badge of ſlavery, was aboliſhed by ſtatute 9 Ann. 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[1]; but ſince new-modelled and altered, after the peace of Aix la Chapelle[2] 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.

  1. Stat. 13 Car. II. ſt. 1. c. 9.
  2. Stat. 22 Geo. II. c. 23.
3. With