Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
I must here reckon, among the beneficial acts of this parliament, one
that passed some months afterwards, after the king's return from
Scotland, and perhaps the only measure of that second period on which
we can bestow unmixed commendation. The delays and uncertainties of
raising troops by voluntary enlistment, to which the temper of the
English nation, pacific though intrepid, and impatient of the strict
control of martial law, gave small encouragement, had led to the usage
of pressing soldiers for service, whether in Ireland, or on foreign
expeditions. This prerogative seeming dangerous and oppressive, as
well as of dubious legality, it is recited in the preamble of an act
empowering the king to levy troops by this compulsory method for the
special exigency of the Irish rebellion, that "by the laws of this
realm, none of his majesty's subjects ought to be impressed or
compelled to go out of his country to serve as a soldier in the wars,
except in case of necessity of the sudden coming in of strange enemies
into the kingdom, or except they be otherwise bound by the tenure of
their lands or possessions."[175] The king, in a speech from the
throne, adverted to this bill while passing through the houses, as an
invasion of his prerogative. This notice of a parliamentary proceeding
the Commons resented as a breach of their privilege; and having
obtained the consent of the Lords to a joint remonstrance, the king,
who was in no state to maintain his objection, gave his assent to the
bill. In the reigns of Elizabeth and James, we have seen frequent
instances of the Crown's interference as to matters debated in
parliament. But from the time of the long parliament, the law of
privilege, in this respect, has stood on an unshaken basis.[176]
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