James indeed had induced his corrupt and servile judges to put on some obsolete laws a construction which enabled him to punish desertion capitally.

But this construction was considered by all respectable jurists as unsound, and, had it been sound, would have been far from effecting all that was necessary for the purpose of maintaining military discipline.

Even James did not venture to inflict death by sentence of a court martial.

The deserter was treated as an ordinary felon, was tried at the assizes by a petty jury on a bill found by a grand jury, and was at liberty to avail himself of any technical flaw which might be discovered in the indictment.
The Revolution, by altering the relative position of the prince and the parliament, had altered also the relative position of the army and the nation.

The King and the Commons were now at unity; and both were alike menaced by the greatest military power which had existed in Europe since the downfall of the Roman empire.