...afterwards and by the common law." Fifty years later, Sir Matthew Hale insisted that: "Martial law is not a law, but something indulged rather than allowed as a law. The necessity of government, order, and discipline in an army is that only which can give it countenance. * * * Secondly,...

...in his History of the Common Law, that' the Martial Law, being based upon no settled principles, is, in truth and reality, no law, but something indulged rather than allowed as a law: I know it may be said that the whole nature of this naval code is purposely adapted to the war exigencies...

...is confused with military law. Sir Matthew Hale says: "First, that in truth and reality it is not a law, but something indulged, rather than allowed as a law. The necessity of government, order, and discipline in an army, is that only which can give these laws a countenance;...

...same high authority speaks of the law of the Constable's and Marshal's Court as being, in truth, not a law, ' but something indulged, rather than allowed as a law : the necessity of good order and discipline in an army is that alone which can give these laws countenance, and the indulged...

...expansion of the jurisdiction of military courts. For instance, Blackstone went so far as to assert: "For martial law, which is built upon no settled principles,...army is the only thing which can give it countenance ; such offenders, and them to cause to be executed and put to death according to the law martial: "[Your...

...expansion of the jurisdiction of military courts. For instance, Blackstone went so far as to assert: "For martial law, which is built upon no settled principles,...a law The necessity of order and discipline in an armv is the only thing which can give it countenance; siieh offenders, and them to cause to 6« executed...

...expansion of the jurisdiction of military courts. For instance, Blackstone went so far as to assert: "For martial law, which is built upon no settled principles,...but is entirely arbitrary in its decisions, is, as with them, as should commit any murder, robberies, felony, mutiny, or other outrage or misdemeanor...

...this country. The views of Blackstone on military jurisdiction became deeply imbedded in our thinking: "The necessity of order and discipline 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...

...this country. The views of Blackstone on military jurisdiction became deeply imbedded in our thinking: "The necessity of order and discipline 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...

...country. The views of Blackstone on military jurisdiction became deeply imbedded in our thinking: ' The necessity of order and discipline 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...