pools was without difficulty found. Here the insurgents were drawn up; and the cannon were planted at the only point which was thought not to be sufficiently protected by natural defences. Ginkell ordered the attack to be made at a place which was out of the range of the guns; and his dragoons dashed gallantly into the water, though it was so deep that their horses were forced to swim. Then the mutineers lost heart. They beat a parley, surrendered at discretion, and were brought up to London under a strong guard. Their lives were forfeit: for they had been guilty, not merely of mutiny, which was then not a legal crime, but of levying war against the King. William, however, with politic clemency, abstained from shedding the blood even of the most culpable. A few of the ringleaders were brought to trial at the next Bury assizes, and were convicted of high treason; but their lives were spared. The rest were merely ordered to return to their duty. The regiment, lately so refractory, went submissively to the Continent, and there, through many hard campaigns, distinguished itself by fidelity, by discipline, and by valour.1 The first This event facilitated an important change in our polity, a change which, it is true, could not Mutiny Bill. have been long delayed, but which would not have been easily accomplished except at a moment of extreme danger. The time had at length arrived at which it was necessary to make a legal distinction between the soldier and the citizen. Under the Plantagenets and the Tudors there had been no standing 1 London Gazette, March 25. 1689; Van Citters to the States General, Letters of Nottingham in the State Paper Office, dated July 23. and August 9. 1689; Historical Record of the First Regiment of Foot, printed by authority. See also a curious digression in the Compleat History of the Life and Military Actions of Richard, Earl of Tyrconnel, 1689. March 22. ; army. The standing army which had existed under the last kings of the House of Stuart had been regarded by every party in the state with strong and not unreasonable aversion. The common law gave the Sovereign no power to control his troops. The Parliament, regarding them as mere tools of tyranny, had not been disposed to give such power by statute. James indeed had induced his corrupt and servile judges to put on some obsolete laws a construction which enabled him to punish desertion capitally. But this construction was considered by all respectable jurists as unsound, and, had it been sound, would have been far from effecting all that was necessary for the purpose of maintaining military discipline. Even James did not venture to inflict death by sentence of a court martial. The deserter was treated as an ordinary felon, was tried at the assizes by a petty jury on a bill found by a grand jury, and was at liberty to avail himself of any technical flaw which might be discovered in the indictment. The Revolution, by altering the relative position of the sovereign and the parliament, had altered also the relative position of the army and the nation. The King and the Commons were now at unity; and both were alike menaced by the greatest military power which had existed in Europe since the downfall of the Roman empire. In a few weeks thirty thousand veterans, accustomed to conquer, and led by able and experienced captains, might cross from the ports of Normandy and Britanny to our shores. That such a force would with little difficulty scatter three times that number of militia, no man well acquainted with war could doubt. There must then be regular soldiers; and, if there were to be regular soldiers, it must be indispensable, both to their efficiency, and to the security of every other class, that they should be kept under a strict discipline. An ill disciplined army has ever been a more costly and a more licentious militia, impotent against a foreign enemy, and formidable only to the country which it is paid to defend. A strong line of demarcation must therefore be drawn between the soldiers and the rest of the community. For the sake of public freedom, they must, in the midst of freedom, be placed under a despotic rule. They must be subject to a sharper penal code, and to a more stringent code of procedure, than are administered by the ordinary tribunals. Some acts which in the citizen are innocent must in the soldier be crimes. Some acts which in the citizen are punished with fine or imprisonment must in the soldier be punished with death. 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 dined would be in a state in which he could not safely be trusted with the lives of his fellow creatures. With this amendment, the first and most concise of our many Mutiny Bills was sent up to the Lords, and was, in a few hours, hurried by them through all its stages and passed by the King.1 Thus began, without one dissentient voice in Parliament, without one murmur in the nation, a change which had become necessary to the safety of the state, yet which every party in the state then regarded with extreme dread and aversion. Six months passed; and still the public danger continued. The power necessary to the maintenance of military discipline was a second time entrusted to the crown for a short term. The trust again expired, and was again renewed. By slow degrees familiarity reconciled the public mind to the names, once so odious, of standing army and court. martial. It was proved by experience that, in a well constituted society, professional soldiers may be terrible to a foreign enemy, and yet submissive to the civil power. What had been at first tolerated as the exception began to be considered as the rule. Not a session passed without a Mutiny Bill. During two generations, indeed, an annual clamour against the new system was raised by some factious men desirous to weaken the hands of the government, and by some respectable men who felt an honest but injudicious reverence for every old constitutional tradition, and who were unable to 1 Stat. 1 W. & M. sess. 1. c. 5.; Commons' Journals, March 28. 1689. |