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way, but bylling all men out of thaltent of Parliamer
nures, and authority of Parliament. It must be observable, that if any prerogative can be inferred from these statutes, the Nature should not be capable of being expounded any other way, but by the supposition of such a prerogative, narnely, that of calliog all men out of their counties on the appearance of a foreign enemy, without aslent of Parliament; but this ftatuie is perfectly intelligible, and applicable to the military tenures known and acknowledged to exist at the time, and therefore this act cannot presume any such prerogative No man is so little read in the history of this country, as not to know that, from the conquest, the land was divided into 60,000 knights' fees, productive of 60,000 men, for 40 days military service, at the King's pleasure ; and that this large military force continued in strict practical use by personal service, until Henry the Second's time, when a relaxation of personal service began to infinuate itself, and the in.' troduction of substituted service, and gradually a commutation by escuage certain by agreement, and uncertain when no such agreement was made, took place; and that the last gave occasion to great oppression by the claim of unlimited penalties, which rose to so great a grievance, that in King John's time it was reprobated by Magna Charta in the words, if I remember right, “ Nullum scutagium ponatur in regno noftro nifi per commune confilium regni," So circumstanced the tenures with their services or clcuage continued till their abolition by the 12th Charles II. and i he establishment of an extensive militia under Lords Lieutenants of counties and their respective deputies, and that this continued until the existence of the prelent militia, with the occasional introduction of a more regular and permanent army. In all this period, nothing like the prerogative asserted has been acknow, ledged. The preamble of the 12th of Charles II. which reprobates ihe assumption of the command of the militia by Parliament in the preceding reign, and declares the King's right to command all forces raised, does not insinuate the power of raising such force by the King's prerogative on any occasion. I am at a loss on this view of the military history to trace any ground on which such a prerogative can have taken root; but I am sure that the acts can be explained by reference to the fads known from history, without having recourse to an uncertain prerogative. T'he learned Lord is certainly more conversant in the channels through which information of Ibis nature can be traced than I am,
and he has been more successful in finding the commission of array which he has cited, which he says passed the Legislature in the 5th of Henry IV. No such statute appears on the statute book, though (on finding an assertion of such a commillion) I have searched for it. The commission of array, in wliarever words it may be couched, would not be convincing in my mind, as I am well aware that the rimes were productive of incroachments of that furt. The act of ift Edward III. chap. 7th, states, that commissions have been awarded to certain people of thires, to prepare men of arms, &c. and enaats that it shall be done so no more. The act of the ist Edward 111. chap. 151h, states, that by evil counsellors the King had bound people by writing, to raise armed men, and forbids it. Frequent attempts to raise an army by como million may have been inade, and perhaps subminted to at times, and at times reprobated. With respect to that to which the noble Lord has alluded, and which I have not Seen, I can only observe, that by his own account of it, it must have derived its authority from Parliament, and not from prerogative. The execution of the ordinances of Parliament is always intrusted to the King; and it appears also on the face of the statement, that this commission in Parliament the 5th of Henry IV. was only the year following the act of fih Henry IV. cired by me, which as distinctly as words cali convey their meaning, declares “ that no man thall be conftrained to find men of arms, hoblers, horsemen) or archers, others than those who hold by such services, if not by common aflent and grant of Parliainent." The commillion cannot therefore be supposed to contradi&t the parliamentary doctrine of the year before, and its being contained in an act of Parliament, is a proof that it was in conformity to the do&rine of the preceding year, and derived its authority from Parliament, and not from prerogative.
Lords Morton and Hobart called the noble Earlıo order; to which he replied, that if he had been called to order sooner, he should have insisted on his right to put the House into a Commillee, which the standing orders of the House permitted him to do, but that he had nearly finilhed all he had wished to say, and mould not trouble the House further.
The clerk read the order, which was as the noble Earl had
Lord King delivered his sentiments generally upon the measure before the House, and censured the conduct of Ministers Nn 2
with respect to the volunteers. The bill itself he regarded as a mass of incongruity and absurdities, wh.ch he thought 10 be the general character of all the ineasures adopted by Mi. nisters upon the subject. The point of view in which the bill was ihat night held out, was by no means a fair one ; the injurious effects of the measure, as at present coriftitured, were kept out of sight; it had , he effect of counteracting, not only the regular army, but the militia force, and the army of reserve: this was principally done by means of the exemptions; the militia, and ihe army of reserve also, in a great degree, counteracted each other. In proof of the volunteer system materially affecting the recruiting service, he referred to ibe flate of recruiting in those parts of the kingdom where the volunteers were proportionably the most numerous, as in Keni, Surrey, and the metropolis. With respect to the bill, he repeated, it was a mass of incongruity-every separate part was jarring one with ihe other, and the whole was in the teeth of every systematic regulation.
Lord Boringdon (aid that he would give no opinion as to the legal point at issue between the noble Earl and the noble and learned Loril, relative to the asserted right of the King to call for the military service of all his subjects in case of invafion. He did not know that Ministers had put forth this right at the end of the last feffion, with a view to compel men to enter into the volunteer service ; but he could confirm from his own observation the latement of the noble Eail, that such in many cafes was the effect of that doctrine. He differed materially in opinion from the noble Lord who fpoke first as to the present efficiency of the volunteers, and as to the danger which might be apprehended from the volunteers being disposed to disband themselves in case of a protracted contest. The dangers to be incurred in such a contest would, he thought, arise from the character and complexion of his Majesty's present Government, and not from any want of patriotism or perseverance on the part of the volunteers, whose conduct was beyond all praise. He thought the prefent bill wholly inadequate to the circumstances of the country, and to the evils which it pretended to remedy: nevertheless he should not oppose it, as it contained some provisions which must have a salutary operation : the provifion giving the same allowance to the families of volunteers on service, as was given to those of militiamen, and that which gave to the commanding officer a control over his men at drill, deserved commendation, and no time thould be
loft in carrying them into effect. After the numberleis . blunders and contradi&tions of his Majesty's Ministers in carrying this system into effect during last year, no great hope could be entertained, that a bill containing in it as little as the present bill could ensure us from further difficulties.
The Bishop of Landaff spoke as follows:-My Lords, I have no intention of troubling your Lordships at great length ; I have little, or to speak more properly, I have no military knowledge ; but I love my country, and I cannot see it tottering on the extremeft verge of deitruction, without uttering a cry however faint, without stretching out an arm however feeble, to prevent its fall. The die, my Lords, is in the air, may God direct its fall in our favour! The die is in the air which, by its fail, will indicate the ruin of Bonaparte or of Britain ; which will indicate the confequent reduction of France within its ancient limits; or the consequent reduction of all the states of Eurose under the mi. litary yoke of the French Republic. To avert this cataftrophe from ourselves requires, not so much, I think, the co-operation of certain individuals, however honourable in principle, however eminent in ability, (and no one thinks of their honour or of their ability more respectably than I do) but this co-operation is not so much required in the present circumstances of the country, as an entire, cordial, disinterested concurrence of all the talents in the enipire. I am far from insinuating, my Lords, that those who may thus co-operate are influenced by any selfish views, by any ambitious prospects of place or power; no, on my conscience I am of opinion, that their primary object is the salvation of the country. Nor, on the other hand, do I take upon me to impute to the Administration, what has been fo abundantly laid to their charge, inability-I at least have no public document, no private knowledge of them, which enables me to form a proper judgment. But if they have been guilty of mistakes, surely the novelty and unparalleled difficulty of their fituation will with many, at least it will with me, plead their excuse.-With respect to the volunteer bill now before the House, this is not the time to enter into any discussion of its several provisions; nor is it now a question to be debated, whether the volunteer systein is the best possible fyftem which could have been devised for the defence of the country-it is the system which has been adopted, so it cannot now be abandoned with safety. I own I have always considered it as a system moft noble in its
principle; most difficult in its execution; and moft successful, I trust it will be found, in its operation. No country in the world has ever given a stronger proof of the patriotism of its inhabitants, than the volunteers of Great Britain have given. They consist not of an indebted, discontented, miserable rabble of the country, but of men of rank, of men of letters, of men of property, of respectable yeomen, tradesmen, manufacturers, of all descriptions of reputable persons, from the peer to the peasant, from the enlightened states. man to the political peruser of a weekly newspaper or monthly magazine-all are animated with, an ardent zeal to defend their country. And why, my Lords, are they all animated with this zeal? because all know that there is not now, nor ever was a country on the globe, in which all enjoy, in their several stations, the various bleffings of civi. lized society, so securely and so abundantly as every indivi. dual enjoys in this. This is the knowledge which has excited and carried to an unexampled height the spirit of volunteering. This spirit is not a vain, frivolous, holiday kind of spirit delighted with military parade—it is not a four, saucy, capricious spirit, disdaining reproof, regulation, and restraint-No, it is a manly spirit of enlightened patriotism, which is sensible that to produce its proper effect it stands in need of, and ought to submit to instruction, discipline and direction. But supposing the volunteer system to be brought by the wisdom of your Lordships and the other House of Parliament, united with that of his Majesty's Ministers, to the utmost degree of perfection of which it is capable, another question presents itself,--is it sufficient for our protection? I am not able to answer this question, nor, so precarious are the events of war, is any man able to answer it with certainty ; but supposing that it is not sufficient, what need is there for our despair? There are abundant resources to supply the deficiency of the volunteer system. Do you want arms ? Why not put all the gunsmiths, sword cutlers, and blacksmiths in the empire into requisition, till you have procured all the mutkets, swords, and pikes, which are wanted ? Do you want men? Why not call out (for I am clearly of opinion that the King has a right to call out) every man in the country, not already enrolled in its defence, and capable of bearing arms, putting into the hands of these men the arms which you Thall have prepared? Do you want horses? Why not put in requisition every coach and saddle horse in the empire, to be trained and