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necessarily increased by the great number of officers now kept on the establishment in time of peace; a number far greater (in proportion to that of the soldiers commanded by them) than hath ever yet been thought requisite in times of actual war.

4thly, Because such a number of soldiers, dispersed in quarters throughout the Kingdom, may occasion great hardships, and become very grievous to the people; and thereby cause or increase their disaffection, and will, probably, ruin many of his Majesty's good subjects, on whom they shall be quartered, and who have been. already by that means greatly impoverished.

5thly, Because such a standing army, dangerous in itself to a free people in time of peace, is, in our opinion, rendered yet more dangerous, by their being made subject to martial law, a law unknown to our constitution, destructive of our liberties, not endured by our ancestors, and never mentioned in any of our statutes, but in order to condemn it.

6thly, Because the officers and soldiers themselves, thus subjected to martial law, are thereby, upon their trials, divested of all those rights and privileges which render the people of this realm the envy of all other nations, and become liable to such hardships and punishments as the lenity and mercy of our known laws utterly disallow ; and we cannot but think those persons best prepared, and most easily tempted to strip others of their rights, who have already lost their own.

7thly, Because a much larger jurisdiction is given to courts martial by this Bill, than, to us, seems necessary for maintaining discipline in the army, such jurisdiction extending not only to mutiny, desertion, breach of duty and disobedience to military commands, but also to all immoralities, and every instance of misbehaviour which may be committed by any officer or soldier towards any of his fellowsubjects; by which means the law of the land, in cases proper to be judged by that alone, may, by the summary method of proceedings in courts martial, be obstructed or superseded, and many grievous offences may remain unpunished.

8thly, Because the officer constituting a court martial, do at once supply the places of judges and jurymen, and ought therefore, as we conceive, to be sworn upon their trying any offence whatsoever; and yet it is provided by this Bill, that such officers shall be sworn upon their trying such offences only as are punishable by death; which provision we apprehend to be defective and unwarranted by any precedent, there being no instance within our knowledge, wherein

the judges of any court, having cognisance of capital and lesser crimes, are under the obligation of an oath in respect of the one, and not of the other.

9thly, Because the Articles of War thought necessary to secure the discipline of the army, in many cases unprovided for by this Bill, ought, in our opinion, to have been inserted therein, in like manner as the Articles and Orders for regulating and governing the navy were enacted in the thirteenth year of King Charles II., to the end that due consideration might have been had by Parliament of the duty enjoined by each article to the soldiers, and of the measure of their punishment; whereas the sanction of Parliament is now given by this Bill to what they have had no opportunity to consider.

10thly, Because the clause in this Bill enabling his Majesty to establish Articles of War, and erect courts martial, with power to try and determine any offences to be specified in such Articles, and to inflict punishments for the same within this Kingdom in time of peace, doth (as we conceive) in all those instances, vest a sole legislative power in the Crown; which power, how safely soever it may be lodged with his present Majesty, and how tenderly soever it may be exercised by him, may yet prove of dangerous consequence, should it be drawn into precedent in future reigns.

(11th reason, dealing with recovery of debts and purely technical points of legal procedure, omitted.)


















(L.J. February 24, 1718. Rogers, P.L. i. 241 et seq)














1 Will. and Mar. Cap. 6, 1689.

An Act for establishing the coronation Oath.

I. Whereas by the law and ancient usage of this realm, the kings and queens thereof have taken a solemn oath upon the Evangelists at their respective coronations, to maintain the statutes, laws, and customs of the said realm, and all the people and inhabitants thereof, in their spiritual and civil rights and properties. But forasmuch as the oath itself on such occasion administered, hath heretofore been framed in doubtful words and expressions, with relation to ancient laws and constitutions at this time unknown: To the end thereof that one uniform oath may be in all times to come taken by the kings and queens of this realm, and to them respectively administered at the times of their and every of their coronation; may it please your Majesties that it may be enacted;

II. And be it enacted . . . That the oath herein mentioned, and hereafter expressed, shall and may be administered to their most excellent Majesties King William and Queen Mary, (whom God long preserve) at the time of their coronation in the presence of all persons that shall be then and there present at the solemnizing thereof, by the Archbishop of Canterbury, or the Archbishop of York, or either of them, or any other bishop of this realm, whom the King's Majesty shall thereunto appoint, and who shall be hereby thereunto respectively authorized; which oath followeth and shall be administered in this manner, that is to say;

(For the text of the Coronation Oath as here enacted see pp. 66-68.)

Then the king and queen shall kiss the Book.

IV. And be it further enacted, That the said oath shall be in like manner administered to every King or Queen that shall succeed to the Imperial Crown of this realm, at their respective coronations, by one of the archbishops or bishops of this realm of England, for the time being, to be thereunto appointed by such King or Queen respectively, and in the presence of all persons that shall be attending, assisting, or otherwise present at such their respective coronations; any law, statute, or usage to the contrary notwithstanding.

(See Wickham Legg, Eng. Coronation Records. Macaulay, H.E. i. 712. For the Declaration against Transubstantiation see p. 82 and note.)




Sir, will you grant and keep and
by your oath confirm to the people
of England the Laws and Customs
to them granted by the Kings of
England your lawful and religious
predecessors and namely the Laws,
Customs and Franchises granted to
the clergy by the glorious King St.
Edward your predecessor, according
to the laws of God, the true pro-
fession of the Gospel established in
this Kingdom, and agreeing to the
Prerogative of the Kings thereof, and
the ancient Customs of the Realm?

King. I grant and promise to
keep them.

Archbp. Sir, will you keep peace
and godly agreement entirely accord-
ing to your power both to God, the
holy Church, the Clergy and the

King. I will keep it.

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Archbp. Sir, will you to your
power cause law justice and dis-
cretion in mercy and truth to be
exercised in all your judgments?

King. I will.

Archbp. Sir, will you grant to
hold and keep the Laws and right-
ful customs which the commonalty
of this your Kingdom have: and
will you defend and uphold them to
the honour of God, so much as in
you lieth?

King. I grant and promise so to

Our Lord and King, we beseech
you to pardon and to grant and to
preserve unto us and the churches
committed to our charge all canonical
privileges, and due law and justice,
and to protect and defend us, as
every good King in his Kingdom
ought to be Protector and Defender

of the Bishops and Churches under their Government.

Archbp. Will you to your power
cause law and justice in mercy to be
executed in all your judgments?

King. I will.

Archbp. Will you to the utmost
of your power maintain the laws of
God, the true profession of the
Gospel, and the Protestant reformed
religion established by law. And
will you maintain and preserve
inviolately the settlement of the
Church of England and Ireland and
the doctrine, worship, discipline and
government thereof as by law estab-
lished, within the Kingdoms of Eng-
land and Ireland, the dominion of
Wales, and the town of Berwick-
upon-Tweed, and the territories
thereto belonging. And will you
preserve unto the bishops and clergy
of England, and to the churches there
committed to their charge, all such
rights and privileges as by law do or

Will you to your power acuse
Law and Justice, in Mercy, to be
executed in all your Judgments?

King. I will.

Will you to the utmost of your
power maintain the law of God, the
true Profession of the Gospel, and
the Protestant Reformed Religion
established by Law? And will you
maintain and preserve inviolately
the settlement of the Church of
England, and the Doctrine, Worship,
Discipline, and Government thereof,
as by Law established in England?
And will you preserve unto the
Bishops and Clergy of England and
to the Church therein committed to
their charge, all such Rights and
Privileges, as by Law do or shall
appertain to them, or any of them?

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