The Lord Molesworth, the author of that book, endeavoured to shew, that this was not a parallel case; that the present posture of affairs in Great-Britain was vastly different from the state of things in Denmark at that juncture; and that the Commons having already declared it necessary to maintain standing forces, it was no less necessary to keep those forces within the bounds of duty and discipline, by the ordinary rules of martial law, as was ever practised in all civilized nations. Sir Gilbert Heathcote having backed the lord Molesworth, Mr. Hungerford, with his usual jocular way, said, he remembered a remarkable passage in the History of the Revolutions in Sweden, which was, that one Bung, a rich burgher or alderman of Stockholm, who had much contributed to the keeping up a standing army, was the first that was hanged by martial law. General Lumley, and some others, were of Mr. Hutcheson's opinion; and, on the other hand, sir Joseph Jekyll was for keeping up the martial law, at least a year longer. But the main brunt of the dispute fell between Mr. Craggs, Secretary at War, and Mr. Robert Walpole, who said all that the subject could bear, on either side; but who, in the heat of argument, could not forbear letting drop some sharp reflections. After they had done speaking, which was about 6 o'clock in the afternoon, some other members made speeches for and against the motion in agitation; and as Mr. Chancellor of the Dutchy had hitherto been silent, the court-party looked upon the success of this affair as very doubtful. But, Mr. Lechmere spoke with his usual eloquence and weight; and, among other particulars, confuted what Mr. Walpole had advanced, That a Court-Martial, in time of peace, was altogether unknown in England: shewing to the contrary, that the Court of Admiralty, which is allowed in times of peace as well as of war, has an equal power in relation to seamen, with a Court Martial in relation to soldiers. jority was ascribed to Mr. Walpole's voting with the courtiers, and his having declared to his friends, That though in the debate about this bill, he was for having Mutiny and Desertion punished by the civil magistrate, yet he had rather those crimes should be punished by martial law, than not punished at all. Debate in the Lords on the Mutiny Bill.] Feb. 12. An engrossed bill from the Commons, for punishing Mutiny and Desertion, and for the better payment of the Army and their quarters, being read the first time, Lord Stanhope said, That he wished the same might be thoroughly canvassed and examined in a full House; for he was not like some persons that changed their opinions according as they were in or out of place. The Duke of Argyle taking this reflection to be levelled against him, smartly answered, That for his own part, he followed the ministry when he thought they were in the right; but went a contrary way, if he thought they went reading of the Bill was put off till the Tuesday astray. This skirmish being over, the second address his majesty, that the Articles of War, following; and the next day it was resolved to and other Papers relating to discipline and payment of the army, might be laid before the House. Feb. 18. The said Bill was, according to order, read a second time, in a very full House; and a motion being made, That the Bill be committed to a committee of the whole House; the same occasioned a great debate. The Earl of Oxford spoke first, and said, That as long as he had breath, he would speak for the liberties of the country; and that he was not only against this bill, because he thought a martial court inconsistent with the rights and privileges of Englishmen, but also against the keeping up so great a number of forces; which being altogether useless in a time of profound peace, could not but raise just apprehensions, that something was intended against our happy and ancient constitution. The Lord Stanhope answered, That the na At last, about eight in the evening, the question has the happiness to be governed by a tion being put, That the Clause relating to the punishment of Mutiny and Desertion should stand as expressed in the Bill, the same was carried in the affirmative by a majority of 247 against 229; so that there were 476 members in the House, besides three Whigs and six or seven Tories, who happened to be shut out when the question was put *. Feb. 12. The engrossed Bill, For punishing 'Mutiny and Desertion,' &c. was read the third time, and the question being put, That the said Bill do pass, it was carried in the affirmative by 186 voices against 105: This great ma * "The Abbot du Bois (the French minister) having desired to be an ocular witness of this important debate, he was admitted, incognito, into the House of Commons; a favour which, that day, was refused to several British peers." Political State. prince, who, since his accession to the throne, has convinced every body, that he desires no more troops than what are absolutely necessary for the safety and tranquillity of his dominions; that whoever will impartially consider the prethe number of troops that are kept on foot is sent circumstances of affairs, must own, that very small; that it cannot be denied, that the Pretender has a great many friends both at home and abroad, who watch all opportunities to foment and take advantage of our intestine divisions: that on the other hand Great Britain stands guarantee for the neutrality of Italy, which, is now threatened with an invasion: and therefore it was matter of prudence, as well as of necessity, to keep up a competent force, both to suppress any insurrection at home, or to repel any insult from abroad; and to make good our engagements for maintaining the repose of Europe. Hereupon, for it. The Earl of Anglesea endeavoured to shew, That so numerous a force as was allowed by this Bill to be maintained in time of peace, was not only dangerous in itself to a free nation, but was yet rendered more dangerous, by their being governed by martial law, a law unknown to our constitution, destructive of our liberties, and not endured by our ancestors. His lordship was answered by The Earl of Strafford said, He was sur-lord Cowper, lord Cadogan, and lord Carteret prized to hear that so great a minister as the lord who spoke last, was not better acquainted with some matters of fact; but that he thought himself obliged to inform the House, that by the Treaty concluded and signed at Utrecht in March 1713, between the ministers of Great Britain and France, the late queen, of glorious memory, was guarantee for the neutrality of Italy, and the islands in the Mediterranean, only during the evacuation of Catalonia, and till the conclusion of a general peace: for the truth of which, his lordship appealed to his colleague in that negotiation, the lord bishop of London. He added, That since that time, the state of things was quite altered, and those in the ministry could best tell, what engagements had been entered into, either with the emperor or France. Hereupon, The Lord North and Grey said, It were necessary to know the contents of those new Treaties, and therefore moved to address his majesty, that the same might be laid before the House. Which address was agreed to, but was nover presented. The Duke of Argyle, who backed the earl of Oxford, said, among other things, That besides the 16,000 and odd men of regular troops, there was another considerable body maintained under the denomination of Invalids, and that they ought to inquire into their numbers, and where they were quartered. To which Lord Cadogan answered, He knew of no invalids but such as were in Chelsea College, or in the neighbourhood. After this, upon a motion of the duke of Buckingham, that the Bill be committed to a Committee of the whole House the Thursday next; it was carried without dividing. The Earl of Sunderland, who urged, That among the ancient Romans, the wisest people in the world, and the greatest lovers and as sertors of public liberty, martial laws and discipline were invigorated by decrees of the senate, and were in force in times of peace as well as in times of war. The Duke of Argyle replied, That it was much better to attend domestic than foreign examples; and then shewed by several instances, drawn from the history of Great Britain, that a standing army in the time of peace was ever fatal, either to the prince, or to the nation. The Lord Onslow said thereupon, That those who are vested with the legislative power ought not, on all occasions, to govern themselves by precedents, but rather by the present situation of affairs, because it is very difficult to find examples perfectly agreeing with the various circumstances of times: that, in his opinion, the number of troops which the Commons had thought fit to keep standing, was absolutely necessary for the security and safety both of the government and nation; and thereupon it was no less necessary to make a law, to keep that army within the rules of duty and discipline, unless they would render useless those very forces which must be owned to be neces sary. The Duke of Newcastle maintained on the contrary, That the forces now on foot were necessary both for the support of the government, and the protection of our allies; that their lordships ought to consider, that when the late Rebellion broke out, we had double the number of regular troops, and yet the govern. ment was obliged, not only to send for some regiments from Ireland, but also for a body of auxiliary troops from Holland; and that since the said forces were necessary, the bill in question, which was only to render them useful, was no less necessary. Accordingly, on that day the order of the The Earl Poulet enforced what had already day was read, for the House to go into a Com-been suggested, about the danger of a standing mittee of the whole House upon the said Bill, army made subject to martial law. but the opposers of the Bill being apprehensive that the court party were stronger in voices, and weaker in Proxies, (which are allowed only in a House) endeavoured to stave off the Bill before it went into a committee. In order thereto the lord Trevor moved, That it be an instruction to the Committee of the whole House, to whom the said Bill was committed, That they do provide, that no punishment shall be inflicted at any court martial, which shall extend to life or limb. Lord Trevor was answered by the lord Stanhope, That such a clause would render the Bill ineffectual, banish all manner of discipline from the army, and consequently render it entirely useless. Thereupon there arose a warm debate, which lasted from two till seven in the evening; in which lord Trevor, lord Bingley, earl of Anglesea, duke of Argyle, earl Poulet, lord North and Grey, duke of Buckingham, earl of Cholmondeley, lord Harcourt, lord Townshend, earl of Abingdon, and earl of Ilay spoke against the Bill; lord Stanhope, earl of Sunderland, lord Onslow, duke of Newcastle, lord Coningsby, The Lord North and Grey said, That before the noble peer who spoke last was born, he had seen the time, when the nation was in danger of losing their liberties by a Standing Army; and then his lordship endeavoured to shew, that the power of life and death, which by this bill was given to a court martial, was unnecessary, unusual, and unjust.-It being then about five in the evening, The Duke of Buckingham told their lordships, That in his opinion, a great deal of time had been spent to little purpose: for, if their would say nothing but that it was notolordships would enter regularly upon the meritsrious, that the majority of the populace bad of this bill, they ought to be in a committee, been poisoned, and that the poison was not yet where every lord would have an opportunity to quite expelled: that the dangers which seemed speak as often as he thought fit. Notwith- to be apprehended from the present army, may standing this, the debate still continued, and be chimerical, or, at least, easily remedied in any subsequent session of parliament; whereas the dangers with which the nation is threatened from the Pretender and his friends, in case there were no army to oppose them, are real, and the mischiefs that might ensue, upon the success of their designs, irreparable: that if there had been such a standing force as we now bave, timely to suppress the Tumults and Riots which were raised soon after his majesty's accession to the throne, in all probability there had been no open rebellion; that, on the other hand, if there had not been troops ready at hand to assist the civil power, in suppressing the late riotous assemblies of the Wool-Combers and Weavers, in the counties of Devon and Somerset, there had, by this time, been another rebellion: That the mentioning Magna Charta was, in his opinion, entirely foreign to the present debate: that the thing now in question, and that wherein they were immediately concerned, was to secure and support the government and the Protestant Succession against vigilant, bold, and restless enemies: and that they had the more reason to be upon their guard, in that the trumpeters of sedition and rebellion had again forcibly intruded into several pulpits in Scotland. The Lord Harcourt urged, That the parliament, which is the representative of the whole nation, were ever extreme jealous of the legislative power, with which they are vested; and that the Lords, in a particular manner, ought to be tender of it, because it is a branch of their prerogative to be the supreme court of judicature; but that by this bill, whereby the king was enabled to establish courts martial, with power to try and determine any offences specified in the Articles of War, the parliament vested a sole legislative power in the crown, which was communicated and delegated to a council of war: That this bill sets aside all other laws, both civil and ecclesiastical, in relation to the soldiery; and gives courts martial a larger jurisdiction than seemed necessary for maintaining discipline in the army, such jurisdiction extending not only to mutiny, desertion, and breach of duty, but also to all immoralities, and other offences, which might be committed by any officer or soldier, towards any of his fellow subjects, whereby the law of the land might either be obstructed or superseded by a court martial: that the officers constituting a court martial did, at once, supply the place of judges and jurymen, and ought therefore to be upon their oath, upon their trying any offence whatsoever; whereas it is provided by this bill, that they shall be sworn upon their trying such offences only as are punishable by death. That martial courts assume to themselves an arbitrary and unprecedented authority, of which they had a fresh remarkable instance, an ensign of the guards having been sentenced to death without being heard, which was contrary to Magua Charta, and to the birth-rights and privileges of Englishmen ; and therefore they ought to restrain so dangerous a power. The lord Harcourt was supported by lord viscount Townshend, but was opposed by the lord Coningsby. Lord Cowper said, That he had maturely considered the affair now in agitation, not as a person in a public station, but as a private, unprejudiced man; and that he was convinced in judgment and conscience, that it is necessary both for the support of the present happy establishment, and the security of the nation, to keep up the forces now on foot: and that he was confirmed in this opinion, by considering what thoughts the Pretender and his friends had of this matter, and reflecting, that they have nothing more at heart, than to procure the disbanding of those forces that have suppressed the late unnatural Rebellion: that he doubted not but the whole nobility that made up that august assembly, was inviolably attached to his majesty King George; that his majesty had also the best part of the landed, and all the trading interest; that as to the Clergy, he The Earl of Abingdon answered this Speech, and the lord Cadogan having spoken on the contrary side, the earl of Ilay, with great eloquence and solidity, supported the lord Trevor's motion, and endeavoured to shew, That a Standing Army in time of peace, would rather increase than lessen the enemies of the govern ment. The lord Carteret replied to him with great vivacity: after which the question was put upon the said motion, and carried in the negative, viz. Not Contept Proxies 76 Content 52 15-91 Proxies 25-77 Protest on rejecting a Clause for providing, extend to Life or Limb] Hereupon the folThat no Punishment, by a Court Martial, shall lowing Protest was entered. "Dissentient'. 1. "Because the exercise of martial law, in time of peace, with such power as is given by this bill, to inflict punishments extending to Life and Limb, was not in the first year of this reign, nor hath in any former reign been allowed within this kingdom by consent of parliament, but hath, upon many attempts made to introduce such a power, been opposed and condemned by parliament, as repugnant to, Magna Charta, and i consistent with the fundamental rights and inberties of a free people. 2. Because, after the Peace of Ryswick, and that of Utrecht, in the several reigns of king William and queen Anne, of glorious and ever blessed memories, no such power was given to any court-martial; and it is well known, that the forces then continued on foot were kept in exact discipline and order. 3. "Because it is not ascertained, either by this Bill, or by any other known law or rule, what words or facts amount to Mutiny or Desertion, or to an exciting, causing or joining in mutiny; and consequently the judges in a court-martial have it in their power to declare what words or facts they think fit to be mutiny or desertion, and to take away the life of any officer or soldier, by such an arbitrary decision. 4. "Because, should death be thought the proper punishment, in time of peace, for mutiny or desertion, or even for the least disobedience to any lawful command, yet, as we conceive, the nature of such offences ought first to have been ascertained by this bill, and the said offences being declared capital, the trial thereof ought to have been left to the ordinary course of law; in consequence whereof, the officers and soldiers would, upon such trials, have been intitled to all those valuable privileges which are the birth-right of every Briton; nor doth it appear to us, that any inconvenience could thereby have arisen to the public in time of peace, at least, not any such as can justify our depriving the soldiery of those legal rights, which belong to the meanest of their fellow subjects, and even to the vilest of malefactors. W. Ebor', Willoughby de Broke, Rutland, Masham, Harcourt, Bingley, Fr. Roffen', Greenwich, Abingdon, Castleton, Devonshire, Hay, Berkeley of Stratton, Geo. Bristol, Deloraine, Bristol, Lumley, Dartmouth, P. Hereford, Weston, Oxford, Northampton, Joh. London, Poulet, Scarsdale, Gower, Boyle, Compton, Belhaven, Tadcaster, Bute, Trevor, Foley, Mansell, Fr. Cestriens', Strafford, Townshend, Montjoy, Guildford, Bathurst, North and Grey." Protest against rejecting a Clause to secure the Obedience of the Officers, &c. to the Civil Magistrate.] Then a motion being made, and the question put, That it be an instruction to the said Committee of the whole House, that they do make an effectual provision to secure the Obedience both of the Officers and Soldiers, to be continued by this Bill, to the civil magistrate according to law, it was resolved in the negative, by 88 against 77, viz. Content Proxies 53 Not Content 73 24-77 Proxies "Dissentient'. 15-88 1. "Because no provision whatsoever is made by this Bill, for securing the Obedience of the Military to the Civil Power, on which the preservation of our constitution depends. ever an effectual provision hath not been made, to secure the obedience of the soldiers to the laws of their country, the military hath constantly subverted and swallowed up the civil power. W. Ebor', Willoughby de Broke, Belhaven, Bute, Bristol, Castleton, Bingley, Foley, Mansell, Guildford, Joh. London, Scarsdale, Dartmouth, Bathurst, Devonshire, Fr. Roffen', Fr. Cestriens', Masham, Lumley, Abingdon, Harcourt, Oxford, Greenwich, Rutland, Weston, Strafford, Tadcaster, North and Grey, Compton, Geo. Bristol, Deloraine, Townsheud, Montjoy, Gower, Berkeley of Stratton, Northampton, Hay, Poulet, Trevor, P. Hereford." February 21. The Lords being in a grand committee, those who opposed the MutinyBill began with raising objections against the preamble of it, which suggests, "That the number of 16,347 men is necessary :" urging, They did not know from whence that necessity should arise, the kingdom being now in fuil peace, without any just apprehension, either of insurrections at home, or invasions from the said number of 16,347 men, be reduced to abroad; and thereupon it was moved, "That that lasted till about six in the evening, in 12,000." Hereupon, there was a great debate, which the earl of Oxford, lord Trevor, lord Harcourt, earl of Abingdon, earl of Ilay, duke of Buckingham, lord Bathurst, lord North aud Grey, and the lord bishop of Hereford spoke against the bill; the earl of Sunderland, lord Parker, duke of Roxburgh, and lord Coningsby Stanhope, lord Cowper, lord Cadogan, lord for it. The Earl of Oxford endeavoured to shew, That the keeping up a standing army in time of peace was not the way to gain the bearts, but rather to increase the disaffection of the people; and that all good and wise princes had ever chosen to depend, rather on the affections of their subjects, than on a military force. This his lordship illustrated by several instances out of our English history, and, in particular, by the fresh examples of the late king William and queen Anne; adding, That none but bad and corrupt ministers have need of troops to maintain their authority and unwarrantable proceedings. Lord Stanhope thereupon spoke in vindication of the present administration, and, from the posture of affairs, both at home and abroad, shewed the necessity of maintaining a greater force than in former times. It being suggested, on this occasion. That it was hoped no minister would advise the king to enter into a war, lord Stanhope readily replied, That he would be the first that should advise him to it, if he thought the honour of the crown concerned in 2. "Because, we conceive, that a great number of armed men governed by MartialLaw, as they have it in their power, so are naturally inclined, not only to disobey, but to in-it. Upon this sult the authority of the civil magistrate; and we are confirmed in this opinion, as well by the experience of what hath happened here at home, as by the histories of all ages and nations; from which it appears, that whereso The Lord Bathurst said, he was surprised to hear such an expression from a person in his lordship's station, whose principal care one would think, should be rather to discharge the great burthen which has been left upon the were most necessary. Hereupon, the question being put, Whether the words sixteen thousand' should stand part of the clause of the preamble, it was resolved in the affirmative, by 72 voices against 50. After this it being moved, and the question put, That the House be now resumed, it was resolved in the negative, by 74 voices against 48; and then their lordships proceeded to the clause, whereby mutiny and desertion are nade punishable by death; and the question being put, whether the words, death or', should stand part of the said clause; it was resolved in the affirmative without dividing. The next day the Lords went again into a grand Committee on the Mutiny Bill; and it was proposed, That in the clause, which obliges judges of a court martial to take an oath, when they try criminals for such crimes as may extend to death, to insert after death' the words or otherwise.' But the question being put whether these words should be added, it was carried in the negative, by 68 voices against 43. After this it was proposed to leave out the clause, which enables his majesty to constitute and settle Articles of War; and the question being pat, whether that clause should stand part of the bill? It was resolved in the affirmative by 68 voices against SO. as the to endanger that to Spain and Italy; and to keep a standing army in full peace; but that time will shew whether three successive parliaments will approve these measures, as well peace which is called infamous. At the same time, his lordship animadverted on the late proclamation, for allowing the importation of Swedish iron from all places other than the dominions of the king of Sweden; which was, in effect, he said, no more than to appoint the Dutch to be our factors for Swedish iron. Towards seven in the evening, the House was resumed, and the earl of Clarendon reported, That the Committee had gone through the Bill without amendment; upon which it was ordered, That the said Bill be read a third time on the 24th, and the Lords to be summoned. Protest against passing the Mutiny Bill.] Accordingly, on the 24th the said Bill was read a third time, and the lord North and Grey made a summary recapitulation of the objections raised against it; but the question being put, That this Bill do pass, it was resolved in the affirmative. Not Content - 40 Proxies - 21-61 Content - 67 Proxies - 21-88 "Dissentient" "1. Because the number of 16,347 men is declared necessary by this bill: but it is not therein declared, nor are we able any way to satisfy ourselves, from whence that necessity" should arise, the kingdom being now (God be praised) in full peace without any just apprehensions, either of insurrections at, home, or invasions from abroad. "2. Because so numerous a force is near double to what hath ever been allowed within this kingdom, by authority of parliament, in times of public tranquillity; and being as we conceive, no ways necessary to support, nay, we fear endanger our constitution, which has never yet been entirely subverted but by a standing army. Lord Stanhope having suggested, That all the objections raised against this bill amounted to no more than bare suppositions of chimerical dangers; and defied any body to charge "3. Because the charge of keeping up so the administration with any thing that might great a force, ought not unnecessarily to be laid give just ground of apprehension for the liber- on the nation, already over-burthened with ties of the people: Adding, that if the govern-heavy debts; and this charge we conceive to ment be now obliged to keep a greater num ber of forces than formerly, it is partly owing to the situation in which the affairs of Europe have been left by the late scandalous peace. The Earl of Strafford thereupon said, He could not be silent while a work in which he had so great a share was so openly attacked; but that the peace which some are pleased to call scandalous, was approved by three successive parliaments, and, in particular, by some peers now in place: that he would venture to affirm, that this very peace had left the affairs of Europe in a better posture than they seem to be in at present, at least with res pect to Great Britain; that notwithstanding the great advantages which some boast to have obtained by the late treaties, they have yet found the way to lose our trade to Sweden: VOL. VII. be still more unnecessarily increased, by the great number of officers now kept on the establishment in time of peace; a number far greater (in proportion to that of the soldiers commanded by them) than bath ever yet been thought requisite in times of actual war. "4. Because such a number of soldiers, dispersed in quarters throughout the kingdom, may occasion great hardships, and become very grievous to the people; and thereby cause or increase their disaffection, and will, probably, ruin many of his majesty's good subjects on whom they shall be quartered, and who have been already by that means greatly impove rished. "5. Because such a standing army, dangerous in itself to a free people in time of peace, is, in our opinion, rendered yet more dangerous, 2N |