Note 30 — Chapter II
Reading edition
Kings of England had indeed always exercised the right of issuing ordinances of war for the regulation of their armies. But this military law had been confined to military offences committed on actual service, while these ‘soldiers, mariners, and other dissolute persons,’ were (1) not on actual service, and (2) had committed offences which were cognizable at the courts of common law; hence fears were naturally entertained that so tempting a method of procedure would be extended to civilians. Since England has had a standing army, a Mutiny Act is annually passed, allowing courts-martial for punishment of military offences, and reserving the crown power to frame further articles in case of actual war.