case johnson against louth a gunner in the artillery if arrest shall be  discharge on common bail S c stram the question be whether a gunner be within  the late Act of parliament that order those listen as soldier to be discharge  from arrest for debt it be object that they be not within the Act because they  be warrant officer and take a particular oath and because the maker of this  Act of parliament seem apprehensive that they will not have be liable to the  same punishment in case of mutiny and desertion as other soldier unless they  have by a express clause make they so it be likewise insist that the design of  the Act be to encourage man to enter into the king service must not be extend  to such in the army who pay be so considerable as that this alone will be a  sufficient inducement the pay here be one shilling and fourpence adais modern  report the court as to the clause in the Act relate to mutiny and desertion  the Act only suppose it possible that there may be a doubt and therefore wise  resolve to make every thing clear where the punishment to be inflict be  nothing less than death but then the Act of parliament resolve the doubt as we  do now modern report er p that he be a soldier the matter do not turn upon the  quantum of the pay if it do a trooper most certain will be out of the Act a it  be adjudge in the case of Bayley v jenner that a trooper be within the Act  stram a who pay be much more considerable than that of the gunner and who  general give a good sum of money for his place the reason why a gunner pay be  more considerable than that of the soldier be in respect of their skill and  the hazard they run both which consideration render their service more  necessary and make it more reasonable that they shall not be take away from  the service accord he be discharge modern report hilary term the three of  George the first in the king bench Thomas Lord Parker chief justice sir  Littleton powys Knt sir Robert Eyre Knt sir John Pratt Knt justice sir Edward  Northey Knt attorneygeneral sir William Thompson Knt recorder of London  solicitor general