Tracts, concerning the ancient and only true legal means of national defence, by a free militia: ...

REMARKS CONCERNING THE Trained Bands OF LONDON.

REMARKS CONCERNING THE Trained Bands OF LONDON.

THE Militia, or Trained Bands, of London have never been known to misbehave in actual service, however despicable they may appear in their annual musters.

Citizens of London, from the most ancient times, were required to keep arms in their houses. The annual mus∣ter is rather a muster of the arms than of the men, who would probably go out to

actual service, if there should be really occasion for them; but even the meanest of the men, as they now are generally sent out, (being for the most part substitutes,) if they were exercised for a few hours three times a week, only for one month, and restrained from the use of strong li∣quors during the time of exercise, would be found more serviceable (if there was any real occasion of public defence) than is generally conceived.

Of this real facts afford the best proof: the irregularity of the Trained Bands and want of discipline were as conspicuous and notorious, it seems, in the year 1642, as at present: for, when Capt. Skippon (afterwards Major-General) was directed by the parliament to attend them, as a guard, with two companies of the Trained Bands of London, Lord Clarendon's account of that matter is expressed in the folloWing contemptuous terms;

This man

(says he, meaning Skippon)

marched that day in the head of their TUMULTUARY ARMY to the parlia∣ment-house.

* 1.1 Yet Lord Clarendon himself makes ample reparation to the Trained Bands for this contempt, when he speaks of their unexpected behaviour at the battle of Newbery; for, though he allows their inexperience both of danger and service, he expressly attributes to the steadiness of the Trained Bands the preser∣vation of the parliament's army. No troops in the kingdom had at that time been able to withstand the spirited char∣ges of Prince Rupert's well-disciplined horse, till this tumultuary army, (which seems to be an exact description also of their present musters,) for the first time, compelled them to wheel about.

Rapin speaks of the brave defence of the infantry on that day in very high terms, but without mentioning what par∣ticular troops they were; so that no rea∣der would suspect that he described the

actions of the "tumultuary army" of the city.

After the Prince had routed the ca∣valry of the enemy,

(says Rapin, meaning the parliament's cavalry,)

he fell upon their infantry, which, though deprived of the help of the cavalry, received him with so much intrepidity, that he was repulsed several times, without being able ever to penetrate.

* 1.2 But Lord Clarendon candidly attributes the glory of the day to those whom he before despised as a tumultuary army.

"The London Trained Bands" (says he)

and auxiliary regiments (of whose IN∣EXPERIENCE of DANGER, or ANY KIND OF SERVICE, beyond the easy practice of their postures in the Artil∣lery-garden, men had till then TOO

CHEAP AN ESTIMATION) behaved themselves to wonder; and were, in truth, the preservation of that army that day. For they stood as a BULWARK AND RAMPIRE TO DEFEND THE REST;

(whereby he attributes to them the chief resistance;)

and, when their wings of horse were scattered and dispersed, kept their ground SO STEA∣DILY, that, though Prince Rupert him∣self led up THE CHOICE HORSE to charge them, and endured their storm of small shot, he could make no impression upon their stand of pikes, BUT WAS FORCED TO WHEEL ABOUT: of so sovereign be∣nefit and use is that readiness, order, and dexterity, in the use of their arms, which hath been so much neglected.

Bk. VII. p. 347.

Thus the City Pike-men are commend∣ed as a standard pattern of military disci∣pline, (viz. for their

readiness, order, and dexterity, in the use of arms,

) by

the very same historian who had entitled them a tumultuary army a very short time before this occasion which extorted his commendation. A moderate and suffi∣cient discipline, for real service, is more easily and sooner acquired than people generally conceive; and nothing is want∣ing to the present establishment of City Trained Bands but more frequent mus∣ters, for about an hour or an hour and a half at a time, after the hours of labour: for, if they were allowed this advantage, they would be nearly upon the same foot∣ing as the Militia of New England, Con∣necticut, &c. which lately conquered the well-disciplined army of General Bur∣goyne: they would be nearly upon the same footing, I say, except in one point; which is, that the New England Militia have always maintained the ancient con∣stitutional right of choosing their own officers in the public Folkmotes: which the learned Judge Atkins, by the best autho∣rities,

has proved to be the original consti∣tution of our national Militia. Polit. Tracts, p. 254.

The present establishment of the county regiments of Militia savours too much of a standing army, both in disci∣pline, and the effect of the service upon the common men; who, by being absent too long a time from their families and ordinary occupations, are apt to become mere soldiers, despising their former trades and employments, and consequently cea∣sing to be citizens.

Nothing, surely, can be more dange∣rous to a free state than such an effect as this; for the professed soldier generally gives up to superior COMMAND * 1.3 that indis∣pensible

human right of judging between good and evil, which alone constitutes

the distinction between men and brutes; and, through a false notion of military

honour, the soldier is apt to think that his duty requires an implicit active obedi∣ence

on all occasions; whereby the standing armies of all nations are con∣stantly

and regularly the tools of despo∣tism, and the bane of all good and limi∣ted government.

A national militia, therefore, ought to be constituted upon principles as op∣posite

to those of standing armies as pos∣sible; and no rules or arrangements

whatever, that may tend to detach men from their ordinary callings and employ∣ments,

as free citizens, ought, on any account, to be admitted.

The City-Militia, even upon its pre∣sent establishment, was always respecta∣ble, when real service was wanted.

Notes

• * 1.1

  Bk iv. p. 380.
• * 1.2

  Après avoir mis en deroute la Cavalerie des en∣nemis, il alla tomber sur leur Infanterie, qui, bien que dénuée du secours de la Cavalerie, le reçut avec tant d'intrepidi••é, qu'il fut repoussé plusieurs fois, sans qu'il pût jamais la percer.

  Rapin, tom. viii. p. 426.
• * 1.3

  Command is properly imperium, the essence of em∣pire •• for, the title of imperator (or emperor) originally signified nothing more than the commander in chief of the army: and, though this power of command, was gene∣rally delegated, at first, by the election and appointment of the people, or senate, and of course was esteemed subject to their controul, yet, by the usurpations of suc∣cessful military chiefs, (when the forces under their command have been detained so long in actual service as to lose their civil capacity and become a standing army of mere sold-iers dependent on their sold, or military pay, instead of their former civil connections and useful occupations,) it has always been liable to be changed from a limited command to "merum imperium," or abso∣lute dominion, which Leopold Metastafius, a learned Roman Advocate, very properly stiles "belluina potestas," a beastly power; a term which most aptly characterizes the enormity, and consequent illegality, of unlimited mo∣narchy! And this use of the term, belluina potestas, is strictly legal and justifiable; because it is the very mark by which the prophets of God have branded all the ar∣bitrary dominations of mankind, from the Babylo∣nian head of the great and terrible image of Tyranny down to its very toes, the present divided kingdoms of the earth, which still exist in power, (and must so con∣tinue for some little time longer,) for the punishment and destruction of depraved man, until it shall please God, in his mercy, to break them in pieces by his eter∣nal kingdom, which will then become a mountain, (or earthly establishment of government,) and fill the whole earth, (Dan. ii. 35. 44.) For all the said temporal em∣pires and kingdoms are included in the prophetic repre∣sentation of four great and terrible beasts; (see Dan. vii.) so that the belluina potestas is undeniably attributed to all of them; and, that we may more clearly demonstrate that the term denotes a power, unlimited by law and due popular controul, it is necessary to remark, that the characteristical property of each of these beastly em∣pires is, "to do according to his WILL;" that is, with∣out limitation of law, right, or other just controul in favour of the people: such unlimited WILL at is called "absolute;" i. e. "loosed from" all due restraint of the people, or other obligation whatsoever. This bestial mark of absolute will was the characteristical property of the first beast, the Babylonian head or winged lion of the Chaldees; "whom he WOULD" (NAY, the proper Chaldee word for WILL, both verb and noun)

  he slew, and whom he WOULD

  (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉)

  he kept alive, and whom he WOULD

  (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 again)

  he set up, and whom he WOULD

  (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 once more) "he put down:" (Dan. v. 19. So that the will of the monarch was manifestly the only law of that empire; and the unhappy effects of such unlimited power, even to the monarch himsself, is strongly marked in the very next verse;

  But, when his heart was lifted up,

  (the natural conse∣quence of such undue exaltation,)

  and his mind hardened in PRIDE, he was deposed from his kingly throne, and they took his glory from him: and he was dri∣ven from the sons of men, and his heart was made like the BEASTS,

  (a notable instance of God's vengeance against the belluina potestas of royal will and pleasure,) "and his dwelling was with the WILD ASSES," &c. (Dan. v. 19, 20, &c.) By this very example did the holy prophet reprove a wicked and unbridled descendant of the same monarch, just before the total dissolution of his empire, as he had also previously warned the royal ancestor himself, to

  break off his sins by RIGH∣TEOUSNESS,

  &c. which would have effectually restored due limitations to his government, and destroyed the baneful "belluina potestas" which occasioned the warning; but the counsel was neglected, and, of course, the monarch was humbled, and his empire ruined! for then were the wings of the BEAST of Babylon plucked, and his dominion taken away. (Dan. vii. 4.)

  Absolute will was also the essential property of the succeeding empire, or the second beast; viz. the Medo-Persian monarchy, described elsewhere under the figure of an impetuous ram, which pushed westward, and northward, and southward,

  so that no BEASTS might stand before him, neither (was there any) that could deliver out of his hand, but

  (the prophet now adds the principal bestial, or brutal, mark)

  HE DID AC∣CORDING TO HIS WILL, and became great.

  (Dan. viii. 4.) For, after the Persian monarchs had once ac∣quired the baneful "belluina potestas," by the establish∣ment of standing armies in every province, even the once-boasted laws of the Medes and Persians became as vague and uncertain as the royal will and pleasure to which they were, of course, subjected, howsoever un∣changeable they might have been reputed in the com∣mencement of that empire.

  Neither was the third beast (the cruel four-headed fly∣ing leopard of the Grecian empire) without the same characteristical mark of absolute will, though it is not expresly annexed to Daniel's description of that com∣pound of Tyranny in his seventh chapter; but, in the farther description of the Grecian empire, (chap. xi. v 3.) the same wilful or unlimited dominion is clearly foretold;

  A mighty king shall stand up, that shall rule with great dominion,

  (and then follows the mark of the beast,) "and shall do according to his WILL."

  The king, mentioned in the 36th verse, that

  shall do according to his WILL, and exalt himself, and magnify himself above every God,

  is generally understood to denote the fourth and last beast, or empire, which still ex∣ists; being that most noxious and tremendous beast with iron teeth, (described in Dan. vii. 21.)

  which devour∣ed, brake in pieces, and stamped the residue under his feet;

  i. e. in the most violent and beastlike manner, which is plainly to "do according to his WILL!" We see then how aptly unlimited command, or merum impe∣rium, is expressed by the term, "belluina potestas."

  The unlimited will of a king is so great an abomina∣tion in the eye of the English Common-law, that the ex∣ercise of it in this country is declared to be an effectual disqualification or abasement from the regal dignity,

  for there is NO KING, where WILL governs, and not law.

  —

  Non est enim rex, ubi dominatur VOLUNTAS, et non lex.

  (Bract lib. i. c. 8.)

  A king of England ceases to be king, when he ceases to be limited by the LAW; for it is a rule of the com∣mon-law, that "a king can do nothing" (i. e. by virtue of his office)

  on earth, while he is the minister and vicar of God, except that alone which BY LAW he may.

  — "Nihil enim potest rex in terris," &c.

  nisi id solum quod de JURE potest,

  &c. (See the note in pages 21 and 22.) And, therefore, when the law is suspend∣ed, or set aside, (which is the highest and most bane∣ful injustice,) the king's power ceases to be "ae jure," for, in the eye of the law, he is esteemed

  Minister di∣aboli, dum declinet ad injuriam;

  so that he and his ministers reduce themselves thereby to the common level of all other bad men; and whatsoever power, or force, in that case they may be able to exert, has no better foundation than the temporary power of banditti, which may be lawfully and conscientiously resisted by all men.

  A king of England, therefore, though he is supreme, (or sovereign,) in personal dignity and rank, yet he is not so in will and power; because, in these, the law (to avoid the belluina potestas of absolute monarchy) requires that he should be duly limited by the people: a necessary distinction this, respecting supremacy, of which the un∣fortunate K. Cha. I. seems not to have been aware, or he would not, with his dying breath, have denied the people's right to a share in the government; saying,—

  It is not for having share in government, sir; that is nothing pertaining to them; a subject and a SOVEREIGN are clear different things,

  &c.—and so they certainly are, with respect to personal dignity, or rank, when com∣pared as individuals; and yet the sovereignty, or supreme power, belongs of right to the people, i. e. to the ma∣jority of them, or to the majority of their duly elected representatives. "And therefore," (we may say with that learned casuist, Bp Taylor, in his Ductor Dubi∣tantium, lib. iii. c. rule 1, p. 522.)

  it is but a weak and useless distinction when we speak of kings and princes, (by them meaning the SUPREME POWER,) to say that some are ABSOLUTE, some are LIMITED in their power.

  — That is, the distinction is weak and useless only when we mean to speak of the supreme power: this is clearly the bishop's meaning, as the following con∣text will shew; for otherwise the distinction to be made between absolute and limited "kings and princes" is so far from being weak and useless, that it is the necessary and proper criterion between the illegal and legal dominion of kings; the limited alone being legal in this kingdom.

  For (the bishop adds) it is true that some princes are so

  (i. e. are LIMITED in their power); "but then" (says he) they "are NOT the SUPREME power." (This is directly to the point in question; and he adds a farther illustration of it:)

  It is a contradiction (says he) to say that the SUPREME POWER is limited or restrained; for that which RE∣STRAINS it is SUPERIOR to it, and therefore the other is NOT SUPREME.

  That a king ought not to have the supreme power is clearly laid down by the best wri∣ters on the English Common Law; and particularly by Judge Bracton, one of the most ancient as well as the most respectable authorities.

  Rex sub Deo et Lege. Rex habet SUPERIOREM, Deum, (scilicet,) item LE∣GEM, per quam factus est rex; item CURIAM SUAM, viz. comes, barones,

  &c. Bract. lib. 2. c. xvi. p. 34. "Lex fraenum est potentiae," &c.

  That such a power of RESTRAINT is vested in the LAW, as well as in the LEGISLATORS of this limited monarchy, is clearly proved by Mr. Acherley in his book on free parliaments. He argues from the words of the original writs of summons to parliament, — that the determining or decisive power, demanded by the said writs, (ad faciendum ea, i. e. the insuperable and urgent busi∣nesses for which the parliament is called,) is derived from the people, and is independent; and his inference is good; and he gives a remarkable instance of this inde∣pendent power in the people; which is their answer to the pope respecting the banishment of Adomar, Bp of Win∣chester, in 1258. Ann 43. Hen, 3. Viz.

  Si dominus rex et regni majores hoc vellent, COMMUNITAS tamen ipsius (Adomar) ingressum in Angliam jam nullatenus sustineret.

  That, if the king and lords would do this thing, (meaning, if they would revoke the banish∣ment) yet the commons WOULD NOT SUFFER or bear Adomar's residence in England.

  And the commons caused their speaker, Petrus de Montford, 'vice totius communitatis,' to sign, and he did sign, this answer.

  p. 9.

  From this example, therefore, as well as from a great multitude of other instances of the power of the English commons, it is manifest that there is no supreme power in England without the concurrence and assent of the peo∣ple: not a general assent, once for all, to throw the supre∣macy into other hands, but an especial assent for every new circumstance that may be liable to affect their in∣terest. For which cause, also, parliaments ought (indis∣pensably) to be newly elected every session, according to ancient usage, i. e.

  every year once, and more often if need be

  ; and that in as equal a proportion of representation as possible; because, the more equitable in this point it is made, the more conducive it will surely be to the happiness and true permanent interest both of king and people.

  But if, on the contrary, by the modern innovations of triennial and septennial elections, reduction of the right of voting, venality of almost depopulated boroughs, &c. the supreme power should be gradually corrupted, it must become a supreme evil to the destruction of good government and peace! for, in such a corrupted state, nothing can thrive under it but standing armies, and that which always regularly attends their establishment throughout all the branches of the fourth, or Roman, tyranny, I mean the belluina potestas of imperial will and command, against which the vengeance of the Al∣mighty is clearly denounced; so that those persons, who yield themselves instruments to promote either the one or the other, are guilty of the grossest impiety! A free militia, therefore, is the only just and legal means of internal national defence.
• * 1.4

  An excellent antidote against the evil of royal will, or

  undue exaltation,

  is prescribed in Deut. xvii. 18-20. viz. That the king shall "write out for himself a copy" (or rather a duplicate, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) "of this law" [i. e. those written laws of God which had twice been solemnly read, not only in the presence, but

  in the ears, (or hearing,) of ALL the people;

  and had as often been solemnly confirmed, at each public reading, by the voluntary assent of all the people, saying, — "all that the Lord hath said will we do." Exodus xxiv. 3.7. Thus the divine laws became the regular statutes of that nation]: And it" (viz. the king's own written duplicate of the law)

  shall be with him, and be shall read therein, all the day of his life: that be may learn to fear the Lord his God, TO KEEP ALL THE WORDS OF THIS LAW, AND THESE STATUTES, TO DO THEM

  (and the rea∣son of thus limiting the ROYAL WILL, by laws and statutes, is assigned in the very next sentence);

  that HIS HEART BE NOT LIFTED UP ABOVE HIS BRETHREN, and that he turn not aside from the command∣ment: (to) the right band or (to) the left:

  (which is surely a strict li∣mitation of the regal power; a measure highly important to the true in∣terst even of the monarch himself: viz.)

  to the end that he may pro∣long (his) days in his kingdom, he and his children, in the midst of Is∣rael.

  And in like manner the kings of all Christian nations should be limited by the same statutes, excepting only those statutes which were merely ceremonial or temporary. And they should be still farther limited by the more perfect statutes of the Christian revelation, without being allowed the least power of WILL, or prerogative, to

  turn aside from the commandment to the right hand or to the left;

  that the decla∣red purposes of the Gospel in behalf of man (viz.

  on earth PEACE, good will towards men

  ) may be effectually established; and that the WILL of our heavenly Father (which is always righteousness and peace) may "be done on earth as it is in heaven;" for that is the true effect of the approaching kingdoms of God on earth, which all Christians are taught to promote by their daily prayers. But the princes of the world (under the influence of our spiritual enemy, the dragon, which hath given his power to the beast) do openly oppose the effectual esta∣blishment of God's kingdom on earth, by impiously claiming to them∣selves a royal prerogative to make WAR or peace without the advice and assent of the people, or congregation; which is manifestly to

  LIFT UP THEIR HEARTS ABOVE THEIR BRETHREN,

  and of course "the earth it" (once more) "filled with violence," (see p. 7.) whereby the royal promoters of it are rendered dreadfully obnoxious to the vengeance and retribution of the Almighty, when his approaching kingdom shall come "to destroy the destroyers of the earth:" — 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Rev. xi. 18. — But, if kings would be contented to govern with legal authority, (i. e. authority duly limited by the uninflu∣enced representation of each nation, or people, freely and equally elected for every session of each national council,) and would, after the example of king Canute, magnanimously rely (under God) on their national hosts of free armed citizens, (instead of standing armies,) for the securi∣ty of their crowns, they would stand clear of the heavy judgements de∣nounced against the body of the beast, and would have no cause to fear the approaching kingdom of God, nor the irresistible stroke by which it will break in pieces the whole image of tyranny, and "cut off all the horns" (or crowns) "of the wicked" (Psa. lxxv. 6, and lxxvi. 12): for legal kings are effectually secured by the scripture promises in favour of RIGHTEOUSNESS,—viz. that "the horns" (or rather crowns)

  of THE RIGHTEOUS shall be exalted

  (Psa. lxxv. 6): so that they may truly hope to reign with the just, when

  the kingdom and dominion, and the greatness of the kingdom UNDER THE WHOLE HEAVEN, shall be gi∣ven to the people of the saints of the Most High,

  &c. Dan. vii. 27.