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CHAP. IV.

Antipathy to a Standing Army.

59

Guards; and, 2ndly, to secure the application of the residue of the subsidy to the service of the King in the war.1

pointed to

of public

of both Houses.

20. Out of these appropriations arose an inquiry (which the Commons, as affecting other moneys had pre- Commisviously pressed upon the notice of the King and the sioners apHouse of Lords) into the Expenditure and Appropria- take account tion of moneys voted for Public purposes. The moneys. original proposal of the Commons to the Lords was Commons the formation of a joint committee composed of Committe members of both Houses, with the power to take the accounts on oath. This was objected to by the Lords as a novelty in Parliamentary usage, as one which the two Houses alone had not power to carry out. To meet this Act of Parobjection, it was therefore proposed to add a clause cessary. to the Poll Bill then passing through the House, and after the substance of the clause had been agreed upon, the clause itself was converted into a separate bill, and as such sent up to the Lords for their adoption.

liament ne

sioners ap

the House of

21. It must be noticed, as a matter of privilege (this privilege itself becoming a subject of controversy Commisbetween the two Houses in William III.'s reign) that pointed by the twenty-four Commissioners (nine being a quorum) Commons. were named by the House of Commons, but were not all members of it. The Lords do not appear to have openly resented this assumption of power by the Commons, but after the Bill had reached their House they took the unusual course of postponing its consideration, and of presenting to the King a petition to issue a Commission of Account-a proceed- Bill lost by ing which the Commons declared by their resolution Lords' delay. "to be unparliamentary and of dangerous consequence." Notwithstanding these hard words, the Bill was subsequently proceeded with by the Lords, though it did not become law during that session.

22. The Commons were determined upon having such a measure passed, and at the meeting of Parliament in Commons March, 1667, they passed a Bill for taking the public pass another

press on and

Bill.

28 Com. Journ., pp. 637-47, 655.
5 Ib., pp. 672, 683, 692.

1 Sec. 33; 2 Hal. Const. Hist., p. 53.
38 Com. Journ., p. 661.
4 Ib., p. 670.

accounts by nine commissioners (not members) whom they selected out of twenty names furnished to the committee, and the Bill was accepted by the Lords and passed as the 19 & 20 Car. II., c. 1.2

Address that
Army may

23. After the Dutch had ravaged the coasts, 12,000 men were raised for the Land Service, and Parliament was be disbanded suddenly summoned to assemble on the 25th July. at the Peace. Upon that day-before the King had formally opened the session-the Commons came to this resolution: "That His Majesty be humbly desired by such ministers as are of his Privy Council, that when a Peace is concluded the new raised forces be disbanded."3 Their address was presented, and replied to by the King on the 29th July; Parliament was forthwith prorogued, and no other business entered upon.

ment of Lord

24. Upon the opening of the session in October, the ComImpeach- mons further evinced their antipathy to a Standing Clarendon. Army by framing the first article of their impeachment against the Earl of Clarendon (which was sent up to the House of Lords in November) in these terms:-"That the Earl of Clarendon hath designed a Standing Army to be raised, and to govern the kingdom thereby; and advised the King to dissolve the present Parliament, to lay aside all thoughts of Parliament for the future, to govern by a Military Power, and to maintain the same at free quarters and contributions.”

A.D. 1672.

5

25. War with Holland having been declared in 1672, troops were raised, Articles of War put forth, and the King's Troops raised proclamation issued to prevent disorders that might be committed by the soldiers. Discontent immediately arose, and upon the opening of Parliament in February, the

for the Dutch war.

19 Com. Journ., pp. 3, 8, 9, 15, 23, 26, 28, 35, 36, 38, 41 and 42.

23 Hats. Prec., 469, 471.

3 8 Com. Journ., p. 692; 4 Parl. Hist., p. 692.

4 See these printed at p. 238 of Report on Recruiting, 1867. 5 Dated 4th Dec., 1672; see Appendix XIV.

CHAP. IV. Resolution against a Standing Army.

2

61

King, in his speech from the throne,1 referred to "the jealousy, so weak and frivolous, as having maliciously spread abroad that the forces raised in this war were designed to control law and property." Short as the Session was, the Commons did not, however, allow it to close (in March) without present- Cominons reing an address of grievances complaining of the monstrate. King's proclamation "as a measure exempting the soldiers from the ordinary course of justice," of the quartering of soldiers in private houses, and of their departure from quarters without paying for them, and tendering their plea and advice," that when this present war is ended, all the soldiers which have been raised since the last Session of Parliament may be disbanded," and that the King would be pleased to consider of the irregularities and abuses of pressing soldiers, and to give orders for the prevention thereof for the future.

Billets and
Martial Law.

26. The continuance of an army obliged the Crown to have recourse to billeting, and thus enabled the troops to extort from the householders from 5d. to 6d. a-day to buy them out. The existence of Martial Law was a cause of great suspicion to the people, for, as we have seen, the men of the Militia were subjected only to the tribunals of the civil Magistrate. Upon the assembly of Parliament, in October, 1673, the sentiments of the people found expression in the House of Commons. The war, it was represented, "had been declared without the advice of Parliament, and as the Standing excuse for raising troops." "With the militia the a grievance. country had success and safety in the year 1588." "That force was our security at home, for it would defend but never conquer "In the army it has grown into a principle that Parliaments are roots of rebellion and Magna Charta sprung out of them." 5 How could Parliament trust the army, when he that commanded in chief was a foreigner (Count Schomberg), and the next in command a papist (Lord Faversham)?" So the Commons on the 31st October resolved to refuse any supply,

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Army voted

p. C06.

19 Com. Journ., p. 246. 2 Ib., p. 276. 3 4 Parl. Hist., p. 394. 4 Ib., See the Address, 12th Jan., 1673, for the "Militia at an hour's warning, to be ready to suppress any tumultuous meeting of Papists, 9 Com. Journ., pp. 285,

292.

On the 3rd November they voted "the standing army a grievance," and were again forthwith dissolved.1

A.D. 1673.

Militia and

against a standing army.

27. Upon the reassembling of Parliament, in January, 1673, the Commons evinced the same determination to stand Resolution in by the Militia, and to free the people from the grievance favour of the which they had presented to the King, at the close of the last session. A Committee of the whole House on grievances resolved, and the House adopted their resolution, "that the continuing any standing forces in this nation, other than the Militia, is a great grievance and vexation to the people; and that it is the humble petition of this House that the King will immediately cause to be disbanded that part of them that were raised since 1st January, 1663."2

Peace was announced by the King, in reply to the Commons' address, and a promise given to "reduce the army to a less number than they were in the year 1663."

King pro

mises to reduce it.

Commons inquire into

of the Scotch

army into England.

3

28. The attention of the Commons during the session was drawn to an Act passed by the Parliament of Scotland arching (at the instance of the Duke of Lauderdale), which obliged that Kingdom to raise 20,000 foot and 2,000 horse, and this Force, when raised, to march at his Majesty's call into any part of his dominions. The Independence of either Kingdom might therefore be lost by a Scotch army brought into England or Ireland at the King's pleasure. The Commons therefore appointed a committee "to inspect the laws lately made in Scotland, whereby our army is authorised to march into England or Ireland, and to such other laws as do tend to the breach of the Union of the two Nations, and to report the same to the House, and produce the Books." The committee were prepared to present their report to the House when the King prorogued Parliament.*

right of the

29. But a matter hardly less important was the right which Also on the the King exercised without the assent of Parliament, viz., of sending the army abroad into the dominions. of France. The evil was one of a double aspect: it

King to send

English troops abroad.

19 Com. Journ., p. 286.

2 Ib., p. 305.

49 Com. Journ., p. 314.

3 An Act for settling the Militia, vol. viii. Statutes of Scotland, p. 58. Hist. of Standing Armies, vol. ii. State Tracts, p. 661.

CHAP. IV.

Resolution in favour of Militia.

63

enabled the King to hold a large army in pay at the cost of the French-which army could at any moment, by his order,' be landed in England to coerce his own subjects,—or it obliged the King to retain the soldiers there and to recruit their ranks out of the English population. The House of Commons, in April, 1675, therefore resolved to address his Majesty "for the speedy recall of these troops and for hindering any more from going over for the future." 2

Subsidy Act

for thirty

ships, 29 Car.

., c.1.

30. It must be mentioned, in the order of date, and as introductory to subsequent matter, that the Commons resolved, in March, 1676, to build thirty ships of war, and raised specific funds for the purpose. The Act 29 Car. II., c. 1, contained clauses of appropriation, which not only provided that the Treasury should pay the money to one person (the Treasurer of the Navy),3 Mr. Seymour; but prohibited him, under a penalty, from issuing it to any other intent and purpose whatsoever than the building of these ships. The Act also provided that an account of all the issues made should be transmitted to the House of Commons direct.

A.D. 1677.

War with

31. In January, 1677, war was about to be declared against France, and Charles II. assumed to act with candour towards Parliament. On the opening of the session he asked for their aid in the supply of ninety ships and in France. raising 40,000 men. After a rebuke from the King, the Commons proceeded in the matter of supply, and in their proceedings the first germ is to be found, since the Restoration, of our present System of Estimates.

Estimate

32. On the 8th February an Establishment of the charge of maintaining a regiment of Foot was read and referred The first to the Committee of Supply. The number of men since the was then voted during an actual war against France, and it was referred to a committee to prepare an estimate of

Restoration.

1 They were recalled by the King, and Parliament apprized thereof in his speech from the throne, Jan. 1677 (9 Com. Journ., p. 427.)

29 Com. Journ., 319, 426; 4 Parl. Hist., p. 706.

9 Com. Journ., p. 435.

3 Sect. 61,

seqq.

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