ABSTRACT

Between the disciplining of the military through the Articles of War and the power of martial law over civilians, were unclear in England before 1689 and even less clear in the overseas garrisons and colonies of the restored Stuarts. All royal governors had the legal power to impose martial law, both over soldiers under their command and, in an emergency, over militia and civilians. Francis Watson’s justifications for imposing martial law were usable by all other royal governors that winter. Martial law would have improved Edmund Andros’s position markedly, had it been enforced late in March or early in April. It would have given him absolute power over life and limb in a divided militia and unchallengeable legal dominance over his civil opponents. Andros had sufficient warning of serious trouble but did not redeploy his regulars or impose martial law as an interim defense of himself and public order.