Martial Law and English Laws, c.1500-c.1700, by John M. Collins

This book by John M. Collins provides a coherent and detailed account of the emergence and use of martial law in Ireland, England and English colonies overseas during the early modern period. It traces the origins of early modern interpretations of martial law back to the execution of Thomas, earl of Lancaster on the orders of Edward II in 1322. Collins maintains that martial law was increasingly used during wartime to inflict harsher exemplary punishments on soldiers (but sometimes civilians too), in the hope of maintaining order and discipline. However, he argues that this was not about arbitrary power: rather, he contends that martial law was accepted as one of the king’s laws, and that the commissioners and councils of war who implemented it were still concerned to maintain a legal process and uphold some standards of proof and evidence.