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been for the assistance of the prince of Orange, the event would certainly have been postponed for a few years. That authority on which James relied with so much confidence, was not annihilated at the time it was, otherwise than by a ready and considerable armed force being brought against it from the other side of the sea ---like a solid fortress, which, though without any visible outworks requires, in order to be compelled to surrender, to be battered with cannon.

If we look into the manner in which this country has been governed since the Revolution, we shall evidently see that it has not been by means of the army that the crown has been able to preserve and exert its authority. It is not by means of their soldiers that the kings of Great Britain prevent the manner in which elections are carried on, from being hurtful to them; for these soldiers must move from the places of election one day before such elections are begun, and not return till one day after they are finished. It is not by means of their military force that they prevent the several kinds of civil magistracies in the kingdom from invading and lessening their prerogative; for this military force is not to act till called for by these latter, and under their direction. It


court of common law, and compelled to make proper satisfaction. Even any flagrant abuse of authority committed by members of courtsmartial, when sitting to judge their own people, and determine upon cases entirely of a military kind, makes them liable to the animadversion of the civil judge.


* A great number of instances might be adduced to prove the above-mentioned subjection of the military to the civil power. I shall introduce one which is particularly remarkable : I met with it in the periodical publications of the year 1746.

A lieutenant of marines, whose name was Frye, had been charged, while in the West-Indies, with contempt of orders, for having refused, when ordered by the captain, to assist another lieutenant in carrying another officer prisoner on board the ship: the two lieutenants wished to have the order given in writing. For this lieutenant Frye was tried at Jamaica by a court-martial, and sentenced to fifteen years' imprisonment, besides being declared incapable of serving the king. He was brought home: and his case (after being laid before the privy-council) appearing in a justifiable light, he was released. Some time after, he brought an action against sir Chaloner Ogle, who had been president of the above court-martial, and had a verdict in his favour for one thousand pounds damages, as it was also proved that he had been kept fourteen months in the most severe confinement before he was brought to his trial. The judge moreover in. formed him that he was at liberty to bring his action against any of the members of the said court-martial he To the above facts concerning the preeminence of the civil over the military power

could meet with. The following part of the affair is still more remarkable.

Upon application made by lieutenant Frye, sir John Willes, lord chief justice of the Common Pleas, issued his writ against admiral Mayne, and capt. Rentone, two of the persons who had composed the above courtmartial, who happened to be at that time in England, and were members of the court-martial that was then sitting at Deptford, to determine on the affair between admirals - Matthews and Lestock, of which admiral Mayne was also president; and they were arrested immediately after the breaking up of the court. The other members resented highly what they thought an insult: they met twice on the subject, and came to certain resolutions, which the judge-advocate was directed to deliver to the Board of Admiralty, in order to their being laid before the king. In these resolutions they demanded “ satisfaction for the « high insult on their president, from all persons, how “ high soever in office, who have set on foot this arrest, “ or in any degree advised or promoted it;" -moreover complaining, that, by the said arrest, “ the order, disci“pline, and government of his majesty's armies by sea

were dissolved, and the statute 13 Car. II. made null " and void.”

The altercations on that account lasted some months. At length the court-martial thought it necessary to submit; and they sent to lord chief justice Willes a letter signed by the seventeen officers, admirals, and commanders who composed it, in which they acknowledged that the resolutions of the 16th and 21st of May, were unjust


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at large, it is needless to add that all offences committed by persons of the military profession, in regard to individuals belonging to the other classes of the people, are to be determined upon by the civil judge. Any use they may make of their force, unless expressly authorized and directed by the civil magistrate, let the occasion be what it may, makes them liable to be convicted of murder for any life that may have been lost. To allege the duties or customs of their profession in extenuation of any offence, is a plea which the judge will not so much

understand. Whenever claimed by the civil power, they must be delivered up immediately. Nor can it, in general, be said that the countenance shown to the military profession by the ruling power in the state has constantly been such as to inspire the bulk of the people with a disposition tamely to


and unwarrantable, and do ask pardon of his lordship, and the whole court of Common Pleas, for the indignity

offered to him and the court.

This letter judge Willes read in the open court, and directed the same to be registered in the Remembrance Office, “ as a memorial to the present and future ages, that whoever set themselves above the law, will in the end, find " themselves mistaken." The letter from the court-martial, and judge Willes's acceptation, were inserted in the next Gazette, 15th November, 1746.

bear their acts of oppression, or to raise in magistrates and juries any degree of prepossession sufficient to lead them always to determine with partiality in their favour. *

The subjection of the military to the civil power, carried to that extent it is in England, is another characteristic and distinctive circumstance in the English government.

It is sufficiently evident that a king does not look to his army for his support, who takes so little pains to bribe and unite it to his interest.

In general, if we consider all the different circumstances in the English government, we shall find that the army cannot procure to the sovereign any permanent strength,-any strength upon which he can rely,—and from

* The reader may see, in the publications of the year 1770, the clamour that was raised on account of a general in the army (gen. Gansell) having availed himself of the vicinity of his soldiers to prevent certain sheriff's officers from executing an arrest upon his person, at Whitehall. It however appeared that the general had done nothing more than put forth a few of his men, in order to perplex and astonish the sheriff's officers; and in the mean time he took an opportunity for himself to slip out of the way. The violent'clamour we mention was no doubt owing to the party spirit of the time; but it nevertheless shows what the notions of the bulk of the people were on the subject.

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