CHAP. III. Regulation of the Militia. 39 A.D. 1757-1763. 24. During a few succeeding years (from 1757 to 17631) the Militia Law and raising the Militia upon the principle of the ballot,-now for the first time intro- Militia reduced with parliamentary sanction, to recruit the modelled. defensive forces of the kingdom,-engaged the serious attention of Parliament. 32,100 raised sanctioned by 25. By the first Act it was proposed to establish a force, consisting of 32,100 men, to be raised by ballot only- An establishthe principle of voluntary service being ignored." That mo every freeman was bound to serve the Crown in the by Ballot defence of the realm, and could be constrained to do Parliament, so, was nothing new in principle; but to supply the regular forces with recruits during the reign of Anne, and again in the previous year, 1756, conscription Acts had been passed,3 applicable only to the pauper class-to men not following any "lawful calling or employment," or not "having lawful and sufficient support," and, therefore, it was not an improbable event to happen, that our Honest Peasantry would, as they did, resent as an insult, the application of such a coercive measure to themselves, and look upon its provisions as oppressive. the counties 26. Unfortunately the gentlemen in many counties held themselves aloof from the proceedings of the Lords- Opposition in Lieutenant; and the Officers' Commissions remained to the Ballot. for some months unfilled. Opposition arose in several counties, amounting in one instance to high treason. In 1758, at the Spring Assizes at York, four persons were found guilty of that crime, by obstructing the Militia Act, and sentenced to death— a punishment which one of these men (the ringleader) under went. 6 27. Invasion was still threatening, and the Commons addressed the Throne in May, 1759, that directions might Address to be given to the Lords-Lieutenant to use their utmost to complete diligence and attention to put the Militia Laws into the Throne Militia. 1 30 Geo. II. c. 25; 31 ib. c. 26; 32 ib. c. 20; 33 ib. c. 2, 22 & 24; 2 Geo. III. c. 21; 4 ib. c. 17. 2 See preamble to 16 Car. I. c. 28, and Broadfoot's case, 18 How. St. Tri. 1324. Fost. Cr. Law, p. 157. 329 Geo. II. c. 4. 4 Sec. 6. 51 Annual Register, p. 112. 6 1 Annual Register, pp. 89-92; 13 ib., p. 71. 7 28 Com. Journ., p. 600. execution. Some result had, however, already been attained by the measure, as up to July, 1759,1 17,436 men had been raised, and 6,280 were then upon embodied service. 28. The plan upon which the Militia was reorganised differed Plan on which the Militia was reconsti tuted. greatly from the existing organisation under the Acts of Charles II., and it is in outline similar to that upon which it has since continued on foot. It was probably intended to form our Militia force upon the Prussian model, which, in 1752, was held up to the House of Commons as worthy of imitation.2 Direct anthority of the Crown in 29. The Crown had given to it a more direct authority over the appointment of officers, as the names of the DeputyLieutenants were to be approved, and of the officers to creased. be submitted for a twenty days' veto, previously to their appointment. In addition, the Crown had the appointment of the adjutant and sergeants. Property qualification for officers imposed. 30. The Lord-Lieutenant had power to promote for meritorious service, but as a rule all the officers, save the King's Adjutant, were to have a property qualification, such a qualification having existed, to some extent, in the regular Army by the purchase system. The political expediency of entrusting the command of the Army to men of some established position in the State had, since the days of the. Long Parliament, been acknowledged by statesmen of all shades of political opinion, and by the Militia Acts this security was given to the people. Every fourth year, one-third of the officers, save the King's Adjutant, were to be discharged for others willing to accept Commissions. Men to be diers onlyhow raised. 31. The men were to be infantry soldiers raised from each County in the proportion specified, or with power to Infantry sol- the Privy Council to re-adjust this quota; to be Protestants by oath, between the ages of eighteen and forty-five; to serve for three years; to train for twentyeight days, and, if substitutes or volunteers, to be of five feet four inches in height. Any balloted man might pay a forfeit of 107. (to be applied in providing a substitute), or serve Duties and qualifications. 12 Annual Register, p. 273. 214 Parl. Hist., p. 1206. CHAP. III. Militia liable to Mutiny Act. 41 and receive half the price of a substitute, not exceeding 57. Parish officers were permitted to supply volunteers, and to pay them such a bounty as the parish might have fixed. 1 32. In addition to a guinea to each man, the pay of the men, when they were drawn out and embodied, was to Pay. be the same pay as soldiers of the line-commencing from the date of the Royal Proclamation. Their wives and children were also to be entitled to parochial relief if left destitute-a provision that has always been expressly made in favour of the Militia service. During training and exercise, this provision was not to be made; but the officers were at liberty to make a stoppage of sixpence a day for the soldiers' rations, damage of arms, and the residue for his family. Clothes and 33. The clothes supplied by the Crown were to become their own property after one year's embodied or three years' disembodied service; but, until then, they were to be handed over with their arms and accoutrements to the Captain of the company, to be held by him at the cost of the parish, but under the control of the Lord Lieutenant as to their safe custody. The power to the Lord Lieutenant of searching for unlawful arms was not renewed. Men to be liable to the when on 34. The punishment of the men, when up for training and exercise or embodied, was to be no longer by the civil magistrate, but under the Mutiny Act and Articles of War for the time being in force-save that no punish- duty. ment, in time of training and exercise, was to extend to life and limb. trate to non-attend 35. If the men made default in their appearance on training and exercise, they were to be punished by fine and im- Civil Magisprisonment, and if on call for actual service by fine, punish for and, in default of payment, by public whipping; such ance. and other punishment, at ordinary times of the year, being awarded by the civil magistrate. All the penalties were to be 1 This was a mistake. The service of a soldier in all countries and climates, is a far harder service than that of a militia-man at home. Therefore this provision was repealed in 1806, by the 26 Geo. III., c. 140. Having regard to the bounties for original enrolment and renewal of service paid to the militia, it is doubtful whether these men do not receive higher pay-having regard to service-thau soldiers of the line. paid to the regiment, for shooting practice and for providing prizes for Marksmen. Enlistment and enrolment. 36. Enlistment into the regular army was prohibited until the bounty money was returned by the recruit, and no militia officer was permitted to recruit by beat of drum, or to enrol men out of his own county unless the man was a native of it. The militia were also, for the first time since their original establishment, permitted to be billeted. Power of embody the Militia for and place it under General 37. The most important provision contained in the Acts was that which enabled the Crown-under the condition of previously apprising Parliament thereof, if sitting, or of calling Parliament together, if not sitting—to draw out and embody the militia "in case of actual invasion, or upon imminent danger thereof, or in case of rebellion," and to place it under General Officers of the regular army to serve in any part of the kingdom for the suppression of such invasion or rebellion-no express limit being imposed by Parliament upon the duration or period of their embodied service. Officers. of officers in Militia and 38. The relative rank of the officers of the militia was then Relative rank laid down as equal in degree, but junior in service, to the officers of the regular forces; but, in the formaArmy fixed. tion of courts martial,-the officers of each force were to try only their own men, so that the distinctive rules of discipline in each force might be preserved.1 A.D. 1760. Proposal to establish a Militia in 39. In March, 1760, an attempt was made to introduce the same system into Scotland, and a bill was presented to the House of Commons,2 supported by petitions, alleging the happy effects which the establishment of Scotland. a regular militia had already produced in England;3 but, on the motion that the bill be committed, it was lost by a majority of 194 to 84, the Secretary at War, Lord Barrington, being one of the tellers for the majority.1 1 The precedence of regiments in the Militia has been decided by lot. See the ballot of the 3rd Nov., 1797, made by the Lord-Lieutenant of each county. 35 Ann. Reg., p. 13. 2 28 Com. Journ., pp. 800-28. 3 P. 362. + P. 872. CHAP. III. Annual Militia Estimates. 43 Annual Pay and Clothing Act neces mates annu 40. The plan upon which the Acts were framed made no provision for the pay of the Militia during training and exercise-an intentional omission, which gave to Parliament the control-somewhat similar in principle to sary. that which it had exercised under the previous organisation-of the Militia,' and which rendered an Annual Pay and Clothing Act necessary to enable the Crown to train and exercise Militia Estithe force. Preliminary to the introduction of the bill, ally framed by Commons' a Committee of the House of Commons-and not the Committee. Responsible Ministers of the Crown-prepared an estimate of the charge of the militia for the year upon which the Annual Pay and Clothing Act was passed. Whenever the militia was embodied, the estimate for pay and clothing was then brought in by the Secretary at War, and formed part of the ordinary estimates of the land forces.3 The first Pay and Clothing Act was a vote of credit for 100,0007, "on account," but in subsequent years' the figures of the estimate have been adopted. The preparation of this estimate was deemed one of the privileges of the Commons; but in the year 1862, at the instance of the late Sir George Lewis, it was abandoned without opposition in favour of the State. Ministers of the Crown, though the Annual Act continues to be passed. A.D. 1862. Practice altered and imate prepared by Secretary of periment, by Parlia 41. The Militia Acts, 1758-63, were passed as an experiment; but after an experience of a quarter of Plan an exa century, the Militia Laws were consolidated (in but approved the year 1786) in one Act, containing as its pre- ment in 1786. amble these emphatic words, that "a respectable military force, under the command of officers possessing landed property within Great Britain, is essential to the constitution of this Realm, and the Militia, now by law established, has been found. capable of fulfilling the purposes of its institution; and, through its constant readiness on short notice for effectual service, has 1 4 Mahon's Hist. of Eng., Appendix. 2 28 Com. Journ., pp. 21, 221-35, 600. 3 Ib., pp. 326, 521; 3 Geo. II., c. 20. 4 32 ib., c. 21. 5 28 Com. Journ., p. 434. 626 Geo. III., c. 107. |