MARTIAL LAW is a collective name for those laws to which the individuals compos ing the military and naval forces of a country are subject, but which do not apply to civilians. As, however, the soldier remains a citizen, he is governed by the common law in all matters not coming under the cognizance of the martial law, the degree to which the latter is.applicable to his actions varying in different countries, and in times of peace and war. -In France and Austria a soldier's offenses against the civil code are dealt with by. a court-martial; while among British troops—unless serving against an enemy—the civil tribunals deal with non-military offenses.
The maintenance of discipline and other obvious causes necessitate, for a body of armed men, a code of laws and regulations much more strict and severe in their penal ties, as well as more prompt in their execution, than suffices for ordinary society. Accordingly there have always been martial laws, more or less clearly defined, where there have been armies. For the nature of the rule.s under which the discipline of the British army is kept up, see ARTICLES OF WAR and Murnrv AcT.
There is yet another phase of martial law, and that is the degree of severity which may be applied to an enemy. All authorities agree that the life of an enemy taken in arms is forfeit to his captor; but modem ideas preclude his being put to death, unless in open resistance; and the massacre of prisoners in cold blood, once thought lightly of, is now esteemed a barbarity, which nothing but the most urgent cireiunstances, such as their uprising, or their attempted rescue by their countrymen, could justify. The
slaughter of the captive Mamelukes at Jaffa has left an indelible stain on Napoleon's memory. As regards civil population and property, much amelioration has taken place with advancing. civilization. Formerly the devastation of the country, and the destruc tion, accompanied even by torture, of the inhabitants, was deemed a legitimate feature of war. Now, the rule is to spare private property, to respect personal liberty, unless the inhabitants directly or indirectly aid the enemy, and only to la.y waste so much ground as military necessities may require. Such at least is the principle professed; but few commanders are able to prevent their troops from deeds of violence. A prwince occupied by a hostile army is usually considered " under martial law." This means that civil law is defunct, and all government under military regimen ; but it is impossi ble to define the bounds of this martial law; nor is any more correct dictum on the subject likely to be arrived at than that celebrated saying of the duke of Wellington when he described it as " the will of the commander-in-chief."