The History of England, from the Accession of James II — Volume 3 — John Shaqi
The History of England, from the Accession of James II — Volume 3Macaulay, Thomas Babington Macaulay, Baron
History
The History of England, from the Accession of James II — Volume 3
Macaulay, Thomas Babington Macaulay, Baron
Great Britain -- History -- James II, 1685-1688; Great Britain -- History -- William and Mary, 1689-1702
The machinery by which courts of law ascertain
the guilt or innocence of an accused citizen is too slow and too
intricate to be applied to an accused soldier. For, of all the maladies
incident to the body politic, military insubordination is that which
requires the most prompt and drastic remedies. If the evil be not
stopped as soon as it appears, it is certain to spread; and it cannot
spread far without danger to the very vitals of the commonwealth. For
the general safety, therefore, a summary jurisdiction of terrible extent
must, in camps, be entrusted to rude tribunals composed of men of the
sword.
But, though it was certain that the country could not at that moment
be secure without professional soldiers, and equally certain that
professional soldiers must be worse than useless unless they were placed
under a rule more arbitrary and severe than that to which other men were
subject, it was not without great misgivings that a House of Commons
could venture to recognise the existence and to make provision for the
government of a standing army. There was scarcely a public man of note
who had not often avowed his conviction that our polity and a standing
army could not exist together. The Whigs had been in the constant habit
of repeating that standing armies had destroyed the free institutions of
the neighbouring nations. The Tories had repeated as constantly that, in
our own island, a standing army had subverted the Church, oppressed the
gentry, and murdered the King. No leader of either party could, without
laying himself open to the charge of gross inconsistency, propose that
such an army should henceforth be one of the permanent establishments
of the realm. The mutiny at Ipswich, and the panic which that mutiny
produced, made it easy to effect what would otherwise have been in the
highest degree difficult. A short bill was brought in which began by
declaring, in explicit terms, that standing armies and courts martial
were unknown to the law of England. It was then enacted that, on account
of the extreme perils impending at that moment over the state, no man
mustered on pay in the service of the crown should, on pain of death,
or of such lighter punishment as a court martial should deem sufficient,
desert his colours or mutiny against his commanding officers. This
statute was to be in force only six months; and many of those who voted
for it probably believed that it would, at the close of that period,
be suffered to expire. The bill passed rapidly and easily. Not a single
division was taken upon it in the House of Commons. A mitigating clause
indeed, which illustrates somewhat curiously the manners of that age,
was added by way of rider after the third reading. This clause provided
that no court martial should pass sentence of death except between the
hours of six in the morning and one in the afternoon. The dinner hour
was then early; and it was but too probable that a gentleman who had
Public-domain text, read in full here on John Shaqi.
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