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he is not even to make ufe of artifice or furprife, for in- 

 ducing them to engage in a contraft, which, hke all others, 

 fliould be founded on candour and probity. ' 



As the right of levying foldiers belongs folely to the 

 nation, fo no perfon is to enlift foldiers in a foreign country, 

 without the permiffion of the fovereign ; and even with this 

 permiffion, none but volunteers are to be enliited : for the 

 fervice of their country is out of the queftion here, and no 

 fovereign has a right to give or fell his fubjeds to another. 

 They who undertake to enlift foldiers in a foreign country, 

 without the fovereign's permiffion ; and, in general, who- 

 ever ahenates the fubjefts of another, violates one of the 

 moft facred rights both of the prince and the ftate. It is 

 the crime diltinguiftied by the name of plagiat, or man- 

 ftealing, and accordingly is puniflied with the utmoft feverity 

 in every policied itate. 



All foldiers, natives or foreigners, are to take an oath to 

 aft faithfully, and not defert the fervice. This is no more 

 than what they are already obliged to, the one as fubjeds, 

 the other by their engagement ; but their fidelity is of fo 

 great importance to the ftate, that too many precautions 

 cannot be taken for rendering it fecure. Deferters (hould 

 be feverely punifhed, and the fovereign, where he judges it 

 tieceffary, may inflift capital punifhment on them. The 

 emiffaries, who folicit them to defert, are far more guilty 

 than the recruiters above mentioned. 



Good order and fubordination, fo ufeful in all places, are 

 no where fo neceflary as in an army. The fovereign (liould 

 Madly fpecify and determine the funftions, duties, and 

 rights of military perfons, as foldiers, officers, commanders 

 of parties, and generals. He (hould regulate and fix the 

 authority of commanders of all degrees, the punifhments to 

 be inflidled on offences, the form of trials, &c. The laws 

 and orders relative to thefe feveral particulars form the mili- 

 tary code. 



Thefe regulations, the particular end of which is to main- 

 tain order in the troops, and to render them capable of 

 performing the beft fervice, conftitute what is called mili- 

 tary difcipline. 



Judge Blackftone obferves, that in a land of liberty it is 

 extremely dangerous to make a diftinft order of the pro- 

 feffion of arms. In ab folate monarchies this is neceffary for 

 the fafety of the prince, and arifes from the main principle 

 of their conftitution, which is that of governing by fear ; 

 but in free dates, the profeffion of a foldier, taken fingly 

 and merely as a profeffion, is juftly an objeft of jealoufy. 

 In thefe no man (hould take up arms but with a view to 

 defend his country and its laws : he puts not off the citizen 

 when he enters the camp ; but it is becaufe he is a citizen, 

 and would wi(h to continue fo, that he makes himfelf for a 

 while a foldier. The laws, therefore, and conftitution of 

 thefe kingdoms, know no fuch ftate as that of a perpetual 

 ftanding foldier, bred up to no other profeffion than that of 

 war ; and it was not till the reign of Henry VII. that the 

 kings of England had fo much as a guard about their perfons. 



The prefent regulations concerning the regular military 

 force of our country, as contradiftinguifhed from the mi- 

 litia, &c. and for regulating the royal marine forces when 

 on (hore, are chiefly contained in the yearly afts againft 

 mutiny and defertion. Thefe comprehend the articles of 

 war, enlifting of foldiers, including foreign foldiers, the 

 number of whom allowed to be at one time in the united 

 kingdom is extended by 46 Geo. III. c. 23. to 16,000, 

 mufter, the provifion of carriages, billeting of foldiers, or 

 quartering them by conftables or other magiftrates of cities, 

 towns, villages, &c. in livery (tables, ale-houfes, viftualling 

 houfes, the hoi^fes of fellers of wine by retail, and all houfes 



6 



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of perfons felling brandy, ftrong waters, cyder, or methe- 

 glin, by retail ; but in no private houfes whatfoever ; apd 

 the rates of fubfiftence to be paid to innkeepers, &c. for 

 foldiers' quarters ; the removal of foldiers in times of elec- 

 tion of members of parliament ; the mode of apprehending 

 and punifhing of deferters ; maintenance and fetting up 

 trades after their difcharge ; the probate of their wills, 

 &c. &c. Moft of thefe particulars occur under their re- 

 fpeftive heads ; and for others our limits require us to refer 

 to the afts themfelves. 



As foldiers, by the annual aft of mutiny, are put in a 

 worfe condition than any other fubjefts, fo, by the hu- 

 manity of our ftanding laws, they are in fome cafes put in a 

 much better. By flat. 43 Eliz. cap. 3. a weekly allowance 

 is to be raifed in every county for the relief of foldiers that 

 are fick, hurt, and maimed ; and befides, the royal hofpital 

 at Chelfea is eftablilhed for fuch as are worn out in their 

 duty. Moreover, officers and foldiers, that have been in 

 the king's fervice, are by feveral ftatutes, enafted at the 

 clofe of feveral wars, at liberty to ufe any trade or occupa< 

 tion they are fit for in any town in the kingdom, (except 

 the two univerfities,) notwithftanding any ttatute, cuftom, 

 or charter to the contrary. And foldiers in aftual military 

 fervice, may make noncupative wills, and difpofe of their 

 goods, wages, and other perfonal chattels, without thofe 

 forms, folemnities, and expences, which the law requires in 

 other cafes. Blackft. Comm. book i. cap. 13. 



The profits attending the profeffion of a foldier, among 

 the Romans, were very confiderable. I. Booty and plun- 

 der, with which they frequently returned home loaded, 

 efpecially after taking any cities or towns ; for thefe were 

 generally given up to be plundered. 2. The fubdued 

 countries, which were often divided among the foldiers. 

 3. Their pay. 4. Clothes. 5. Provifions. 6. Farms and 

 houfes in provinces were alio given them. 7. Many privi- 

 leges and immunities, as that none could touch his goods 

 in his abfence in the camp. 8. Legacies, which the em- 

 perors left to be dillributed among them. 9. Donatives. 

 10. Promotions to military honours lay open to every brave 

 man, though of the meaneft birth. 



Not only humanity but intereft require that great care 

 ffiould be taken of the health of foldiers. Much inftruftion 

 may be drawn for this purpofe from Dr. Pringle's excellent 

 treatife, called " Obfervations on the Difeafes of the 

 Army." He there remarks, that the circumltances of fol- 

 diers in time of war differ from thofe of other people, in 

 that they are more expofed to the injuries of the weather, 

 and always crowded together, whether in camp, barracks, 

 or hofpitals : wherefore the molt general divifion of thefe 

 diftempers may be into fuch as arife from the intemperature 

 of the weather, and thofe from infeftion. 



Military difeafes depending on the weather, are reducible 

 to two forts, viz. to thofe of fummer, and to thofe of 

 winter. However, as expofitions to cold are unavoidable 

 upon the firft encampment, as alfo for fome time before the 

 army ufually goes into winter-quarters, the winter diforders, 

 beginning about the end of autumn, will not entirely ceafe 

 before the fummer is well advanced ; and, on the other hand, 

 as the heats of fummer and damps of autumn difpofe the 

 body to ficknefs, the camp-diftempers are never quite over 

 with the campaign, but continue forae time after the troops 

 retire into winter-quarters. 



The fummer difeafes are all of a bihous or putrid nature, 

 as thofe of winter are inflammatory. See Fever, and the 

 articles referred to under that fubjeft. 



Soldiers, Exercife of. See Exercise. 



Soldiers, L'tfling or Enlifting of. See Listing. 



S0LDIERS3 



