Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
This annual assembly of parliament was rendered necessary, in the
first place, by the strict appropriation of the revenue according to
votes of supply. It was secured next, by passing the mutiny bill,
under which the army is held together, and subjected to military
discipline, for a short term, seldom or never exceeding twelve months.
These are the two effectual securities against military power; that no
pay can be issued to the troops without a previous authorisation by
the Commons in a committee of supply, and by both houses in an act of
appropriation; and that no officer or soldier can be punished for
disobedience, nor any court martial held, without the annual
re-enactment of the mutiny bill. Thus it is strictly true that, if the
king were not to summon parliament every year, his army would cease to
have a legal existence; and the refusal of either house to concur in
the mutiny bill would at once wrest the sword out of his grasp. By the
bill of rights, it is declared unlawful to keep any forces in time of
peace without consent of parliament. This consent, by an invariable
and wholesome usage, is given only from year to year; and its
necessity may be considered perhaps the most powerful of those causes
which have transferred so much even of the executive power into the
management of the two houses of parliament.
_Law of treason._--The reign of William is also distinguished by the
provisions introduced into our law for the security of the subject
against iniquitous condemnations on the charge of high treason, and
intended to perfect those of earlier times, which had proved
insufficient against the partiality of judges. But upon this occasion
it will be necessary to take up the history of our constitutional law
on this important head from the beginning.
Public-domain text, read in full here on John Shaqi.
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