Observations On the Origin of the Trial By Council of War Electronic Resource

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" According to the first mutiny act, also, field officers could only be tried by field officers, and no member of any court could be under the degree of captain.
The system thus established in England is still in force there, and has come, to us as part of our inheritance from the mother country. In both countries the court-martial is the only legal tribunal for the trial and punishment of offences arising under the law military. This system has heretofore been regarded as one of spontaneous gr
...owth in England, yet there are circum- stances which strongly indicate, if they do not conclusively prove, its continental origin.
At the time when changes in the law military began to be introduced in England, Europe was involved in the Thirty Years' War. That war had fixed the eyes of the world upon Gus- tavus Adolphus as the greatest military organizer of the age. Directly or indirectly his influence was perceptible far beyond his immediate sphere of action. His military arrangements, including the regulations by which he governed his troops, were widely studied and imitated.


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