A History of the British Army, Vol. 2: First Part—to the Close of the Seven Years' WarFortescue, J. W. (John William), Sir
History
A History of the British Army, Vol. 2: First Part—to the Close of the Seven Years' War
Fortescue, J. W. (John William), Sir
Great Britain -- History, Military; Great Britain. Army -- History
The Opposition was not slow to take advantage of such powerful
advocacy, but fortunately with no very evil results. An address
to the King was carried, praying that all vacancies, except in
the regiments of Guards, should be filled up by appointment of
officers on the list of half-pay. The King willingly acceded, for
indeed he had already anticipated the request; and this rule was
conscientiously adhered to, both by him and by his successor. It
made for economy, no doubt, but it also weakened what then counted
as the most efficient form of military reserve; and the result was
that officers were forbidden to resign their commissions, being
allowed to retire on half-pay only, so that their services might
still be at command.[22] The Articles of War were also sent down
to the Commons, and may still be read in their journals.[23] It
must suffice here to say that they made careful provision for the
trial of all but strictly military crimes by the civil power. Here,
however, was a new precedent for allowing Parliament a voice not
only in the broad principles, but in the details of discipline.
The Opposition in both Houses did not at once take advantage of
this innovation, but confined itself to discourses on the inutility
and danger of a Mutiny Act at large. It was not surprising that the
ignominious Robert Harley, Earl of Oxford, should have declaimed
against the Act, but it was a sad revelation of factious feeling
to find an old colonel, Lord Strafford, declaring that the country
got on very well without it in King William's time. Nor must it be
thought that, because the Act was ultimately passed every year,
no inconvenience resulted from the obstruction in Parliament. On
at least one occasion it was not renewed in sufficient time. The
courts-martial held after its expiration were therefore invalid,
and as prisoners could not be tried twice for the same offence, a
number of them escaped scot-free.[24] It was not until 1726 that
the attacks upon the measure began to subside, and even then the
Government was afraid to introduce necessary amendments, lest by
calling attention to the Act it should blow the dull embers of
hostility anew into flame.[25]
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