ARTICLES OF WAR. Until the civil war in England in the reign of Charles I, it is probable that no regular permanent code of rules or articles for enforcing military disci pline was in existence; the ruling authority had promulgated its orders for the government and regulation of the army as occasion required. Each war, each expedition, had its own edict, which fell into disuse again upon the disbanding of the army, which inevitably followed the cessation of hostilities. The experience of ages and the precedents of former wars, there fore, enabled the authorities to frame a suffi ciently comprehensive code in case of need; accordingly, soon after the outbreak of the civil war, the necessities of the case compelled the Parliament to enact ordinances or articles of war. The first complete `Laws and Ordi nances of Warren were issued by Essex, the commander-in-chief of the Parliamentary Army in 1642. These articles are remarkable and interesting, as undoubtedly forming the groundwork of those now in use. Two years after the publication of Essex's ordinances, on the marching of the Scottish army into Eng land, soon after the ratification of the solemn league and covenant, "articles of warn were issued for its government. These articles, al though very dissimilar to those of Essex, con sidering that both were in force in the same kingdom at the same time, and were applicable to armies fighting on the same side, neverthe less treat mainly of the same offenses. The form of judicature established consisted of two courts of called 'councils of war,* the one superior and the other inferior. The su perior court, also called the 'court of took cognizance of the more serious offenses, and likewise heard appeals from the decisions of the lower court, called the "martial court.° No trace of the constitution of these courts is now to be found except that "the judges were sworn to do justice.° Within a few months of the promulgation of the latter (August 1644), the same Parliament that was the author of the petition of right passed an ordinance establish ing a system of martial law, applicable not only to soldiers, but to all persons alike. By this ordinance the Earl of Essex, captain-general of the parliamentary forces, together with 56 others named therein (among them were peers, members of the House of Commons, gentry and officers of the army), were constituted lcommissioners,° and any 12 of them author ized to hear and determine all such causes as 'belonged to military according to the articles mentioned in the ordinance, and to proceed to the trial, condemnation and execu tion of all offenders against the said articles, and to inflict upon them such punishment, either by death or otherwise, corporally, as the said commissioners, or the major part of them then present, shduld judge to•appertain to justice, ac cording to the measure of the offense. Under
cover of this ordinance, which, after one re fusal by the peers, was subsequently renewed, Parliament proceeded to issue a variety of orders for the conduct of the war and the regulation of the army; and many persons were tried by court-martial and executed. Af ter the expiration of this last ordinance, the absolute executive power, in all matters of mil itary law, fell into the hands of Cromwell, who claimed it as his right, in virtue of his office of general-in-chief. "The general,>) says Whit locke, "sent his order to several garrisons to hold courts-martial for the punishment of sol diers offending against the articles of war; provided that if any be sentenced to lose life or limb, then they transmit to the judge-advo cate the examinations and proceedings of the court-martial, that the general's pleasure may be known thereon?' On one occasion, deeming• it necessary, for the sake of discipline, to make an immediate example, Cromwell seized several officers with his own hand, called a court martial on the field, condemned them to death, and shot one forthwith at the head of his regi ment. It will thus be seen that the administra tion of martial law was almost invariably in the hands of the most considerable power in the state — it alternated between King and Par liament, and between Parliament and Dictator, as each became uppermost in the realm. On the restoration of Charles II, the army, with the exception of about 5,000 men, consisting of General Monk's regiment, called 'the Cold stream,) the first regiment of foot, the royal regiment of Horse-Guards, called the "Oxford and a few other regiments, was dis banded. The force kept on foot was the first permanent military force, or 'Standing Army,D known in England; and from it the present army dates its origin.