The oathe of every private Souldier in Berwick : You shall swear to be good and true to our Sovereign Lady the Queen, and to the Governor of the Town for her Majesty's Service, and truly (do as much as in you shall lie to) keep this Town always true English, and in good obedience to the Governor Marshall, and other officers thereof, and you shall be governed by your Captain, with IN any debate or rebellion, and if you shall know any thing hurtful to the state of this Town, or to any part thereof, you shall forthwith disclose the same, either to your Captain or to the Governor, or to one of the Council of the Town; you keep such Armor and Weapon as you are by your Captain limited to have, without wilful spoil or selling thereof, except it be to provide better; you shall keep all other ordinances of this Town that may in any wise pertain to you to keep. Ib. 56. The following form of an oath is in the laws and ordinances of war established by the Earl of Northumberland for the Army of King Charles I., A. D. 1640. It is the earliest I have met with : Of the Souldier's Oath. All Souldiers that are really and actually in his Majestie's Service shall take this ensuing oath : "I promise and swear to be true and faithful to my Soveraigne Lord King Charles. To obey my Lord General and the Commanders and Officers under him. To observe the laws and ordinances of war established by him. To watch and ward and work in the service. To wait on my colours, and to follow them. To endure, suffer and fight to the last, as God shall help me." Ib. 126. Ib. p. Under the head of duties towards superiors and commanders, the only passage applicable to the subject of obedience has relation to the act of the superior being legal. "No man shall resist, draw, lift, or offer to draw or lift, his weapon against an officer correcting him orderly for his offence, upon pain of death." Here is manifestly and properly an exception open to resistance, where the correction might not be orderly. Ib. p. 111. The law of the Scots' Army, in 1643, enjoined the following form of oath to every Soldier: ac "I promise and swear to be true and faithful in this service, cording to the heads sworn by me in the solemn league and covenant of the three Kingdoms: to honour and obey my Lord General, and all my superior officers and commanders, and by all means to hinder their dishonour and hurt: to observe carefully all the articles of war and camp discipline; never to leave the defence of this cause, nor flee from my colours so long as I can follow them: to be ready to watching, warding and working, so far as I have strength; to endure and suffer all distresses; and to fight manfully to the uttermost, as I shall answer to God, and as God shall help me." Ib. p. 128. By the same law there is to be no "grudging at the orders given," and "all soldiers are to remember that it is their part to honour and obey their Commanders, and therefore to receive their commands with reverence, and make no noise, but be silent when the officers are commanding, that they may be heard by all, and the better obeyed." Ib. 130. The whole of these directions evidently presuppose the legality of the orders given. The Articles of War of King James contain the following passage: "All Officers, of what quality or condition soever, shall take the following oath : The oath of fidelity to be taken by every Officer and Soldier in the army : "I, Á. B., do swear to be true and faithful to my Soverain Lord King James, and to his heirs and lawful successors, and to be obedient in all things to his General-Lieutenant, General, or Commander-in-Chief of his forces for the time being, and will behave myself obediently towards my superior officers, in all they shall command me for his Majesty's service; and I do further swear that I will be a true, faithful and obedient servant and soldier, every way performing my best endeavours for his Majesty's service, obeying all orders, and submitting to all such rules and articles of war as are or shall be established by his Majesty and I do likewise swear that I believe that it is not lawful, upon any pretence whatever, to take up arms against the king; and I do abhor that traitorous position of taking arms by his authority against his person, or against those that are commissioned by him." Ib. p. 140. : In another of these articles it is provided, that if any inferior officer or souldier shall refuse to obey his superior officer, or shall quarrel with him, he shall be cashiered. Ib. p. 143. After the abdication of King James II., and the accession of King William III., the military code obtained the sauction of Parliament. The modern law is as follows: In the 1st section of the Annual Mutiny Act, it will be found, that "if any person who is or shall be commissioned or in pay as an officer, or who is or shall be listed or in pay as a non-commissioned officer or soldier, shall at any time, during the continuance of the act, disobey any lawful command of his superior officer, all and every person and persons so offending shall suffer death, or such other punishment as by a Court Martial shall be awarded." By the 3d section of the Articles of War, it is directed, that "every enlisted soldier shall at the time of enlisting, or within 4 days afterwards, have the 2nd and 6th sections of the Articles, with respect to mutiny and desertion, read to him. The 5th article of the 2nd section declares, that "any officer, non-commissioned officer, or soldier, who shall disobey any lawful command of his superior officer, shall suffer death, or such other punishment as by a General Court Martial shall be awarded." Thus is the letter of the soldier's code qualified.. The oath of fidelity which he takes is, to bear true allegiance, and to obey the orders of his Majesty and of the Generals and Officers set over him by his Majesty; and it may fairly be stated, that the latter words are left apparently absolute, upon a presumption that his Majesty would never deliver an illegal order. It might be wise, however, to frame the words of the oath in a manner more suitable to the real obligation imposed. The qualifying clauses of the Act of Parliament and Articles of War are read over to the recruit before the oath is administered, and undoubtedly constitute the commentary upon it; but upon occasions of the greatest importance the words sworn to may be a snare to a conscientious ignorant man. This statement of the written law seems to support the proposition for which I contend; and it is not unaccompanied by decided cases and indisputable authority. |