Charge of the Lord Chief Justice of England to the Grand Jury at the Central Criminal Court, in the Case of the Queen Against Nelson and Brand: Taken from the Shorthand Writer's Notes

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69 ÆäÀÌÁö - Army. The maintenance of a standing army, in time of peace, without the consent of Parliament, is prohibited by the Bill of Rights of 1690.
66 ÆäÀÌÁö - ... is used in armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the law martial.
67 ÆäÀÌÁö - ... for proceeding by martial law, may be revoked and annulled; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by colour of them any of your Majesty's subjects be destroyed or put to death contrary to the laws and franchise of the land.
66 ÆäÀÌÁö - ... nevertheless of late time divers commissions under your Majesty's Great Seal have issued forth by which certain persons have been assigned and appointed commissioners with power and authority to proceed within the land according to the justice of martial law against such soldiers or mariners or other dissolute persons joining with them as should commit any murder, robbery, felony, mutiny, or other outrage or misdemeanor whatsoever...
59 ÆäÀÌÁö - Secondly, this indulged law was only to extend to members of the army, or to those of the opposite army, and never was so much indulged as intended to be executed or exercised upon others...
67 ÆäÀÌÁö - ... upon pretence that the said offenders were punishable only by martial law, and by authority of such commissions as aforesaid; which commissions, and all other of like nature, are wholly and directly contrary to the said laws and statutes of this your realm.
70 ÆäÀÌÁö - And whereas no man may be forejudged of life or limb, or subjected to any kind of punishment by martial law, or in any other manner than by the judgment of his peers, and according to the known and established laws of this realm.
60 ÆäÀÌÁö - And it is laid down, that if a lieutenant, or other, that hath commission of martial authority, doth in time of peace hang or otherwise execute any man by colour of martial law, this is murder ; for it is against Magna Carta.
66 ÆäÀÌÁö - And whereas of late great companies of soldiers and mariners have been dispersed into divers counties of the realm, and the inhabitants against their wills have been compelled to receive them into their houses, and there to suffer them to sojourn, against the laws and customs of this realm and to the great grievance and vexation of the people.
67 ÆäÀÌÁö - And that your Majesty would be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come. And that the aforesaid commissions for proceeding by martial law may be revoked and annulled. And that hereafter no commissions of like nature may issue forth...

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