ENGL 
by the ftatute 4 and 5 Philip and Mary, c. 2. into others 
of more modern fervice : but both this and the former 
provifions were repealed in the reign of James I. While 
thefe continued in force, it was ufual, from time to time, 
for our princes to blue coHimiflions of array, and fend into 
every county officers in whom they could confide, tomuf- 
ter and array (or let in military order) the inhabitants of 
evcvy diftriCt; and the form of the commiflion of array 
was fettled in parliament in the 5th of Henry IV. But 
at the fame time it was provided, that no man fhould be 
compelled to go out of the kingdom at any rate ; nor out 
of his {hire, but in cafes of urgent neceflity nor fiiould 
provide foldiers unlefs by confent of parliament. About 
the reign of king Henry VIII. lord-lieutenants began to 
he introduced, as (landing reprefentatives of the crown, to 
keep the counties in military order ; for we find them 
mentioned as known officers in the ftatute 4 and 5 Philip 
and Mary, c. 3. though they had not been then long in 
ufe ; for Camden fpeaks of them in the time of queen 
Elizabeth as extraordinary magiftrates, conllituted only 
in times of difficulty and danger. Soon after the reftora- 
tion of king Charles II. when the military tenures were 
nboliffied, it was thought proper to afcertain the power 
of the militia, to recognife the foie right of the crown to 
govern and command them, and to put the whole into a 
more regular method of military fubordination : and the 
order in which the militia, now (lands by law, is princi¬ 
pally built upon the fiatutes which were then enabled. 
It is true, the two lad of them are apparently repealed ; 
but many of their provifions are re-enaCted, with the ad¬ 
dition of fome new regulations, by the prefent militia- 
laws; the general fcheme of which, is to difeipline a 
certain number of the inhabitants of every county, cliofen 
by lot for three years, and officered by the lord-lieutenant, 
the deputy lieutenants, and other principal land-holders, 
under a commifiion from the crown. They are not com¬ 
pellable to march out of their counties, unlefs in cafe of 
invafion, or aCtnal rebellion, nor in any cafe to be fent out 
of the kingdom. They are to be excrcifed at (fated 
times, and their difeipline in general is liberal and eafy ; 
but, when drawn out into aCtnal fervice, they are 1 'ubjeCt 
to the rigours of martial law, as necefiary to keep them 
in order. This is the confiitntional feenrity which our 
laws have provided for the public peace, and for pro¬ 
tecting the realm againft foreign or domeftic violence, 
and which the fiatutes declare, is effentially necefiary to 
the fafety and profperity of the kingdom ; the militia, 
however, cannot be called forth and embodied but by an 
act of the legifiature. 
But, as the fafiiion of keeping (landing armies has uni- 
verl'ally prevailed over all Europe of late years, (though 
fome of its potentates, being unable themfelves to main¬ 
tain them, are obliged to have recourfe to richer powers, 
and receive fubfidiary penfions for that purpofe,) it has 
al'fo for many years pad been annually judged necefiary 
by our legifiature, for the fafety of the kingdom, the de¬ 
fence of the polfefiions of the crown of Great Britain, 
and the prefervation of the balance of power in Europe, 
to maintain, even in time of peace, a (landing body of 
troops, under the command of the crown ; who are, how¬ 
ever, ipfoja&o, difoanded at the expiration of every year, 
unlefs continued by parliament. The land forces of thefe 
.kingdoms, in the time of peace, amount to about 40,000 
men, including troopsand garrifons in Ireland, Gibraltar, 
the Eaft Indies, and America ; but in time of war, there 
have formerly been in Britifh pay, natives and foreigners, 
above 150,000 ; and there have been in the pay of Great 
Britain, fince the commencement of the prefent war, 
139,000 men, befides 60,000 militia. To keep this body 
of troops in order, an annual aCt of parliament pafles, 
“ to punifli mutiny and defertion, and for the better pay¬ 
ment of the army and their quarters.” This regulates 
the manner in which they are to be difperled among the 
feveral innkeepers and victuallers throughout the king¬ 
dom ; a,nd eftablifties a law martial for their government. 
Vol. VI. No. 392, 
AND. soi 
By this, among other things, it is enaCted, that if any 
officer and foldier (hall excite or join in any mutiny, or 
knowing of it filial 1 not give notice to the commanding- 
officer ; or (hall defert, or lift in any other regiment, or 
fieep upon his pod, or leave it before he is relieved, or 
hold correfpondence with a rebel or enemy, or (trike or 
life violence to his fuperior officer, or ffiall difobey his 
lawful command ; fucli offender filial 1 fufter fuch punifli- 
ment as a court-martial (hall infiiCt, though it extend to 
death itfelf. 
Officers and foldiers that have been in the king’s fervice, 
are, by feveral fiatutes enacted at the clofe of feveral 
wars, at liberty to life any trade or occupation they are 
fit for, in any town of the kingdom, (except the two uni. 
verfities,) notwithfianding any ftatute, cuftom, or char¬ 
ter, to the contrary. And foldiers, in aCtnal military 
fervice, may make verbal wills, and difpofe of their 
goods, wages, and other perfonal chattels, without thofe 
forms, folemnities, and expences, which the law requires 
in other cafes. 
At the breaking out of the prefent war, an invafion of 
this country by the French being daily expeCted, an aCl 
was brought in for the defence of the kingdom, com¬ 
monly called the General Defence Act, by which all the 
effective men were made liable to be called out in claffes, 
enrolled, and exercifed in their pariffies, or othei wife, fo 
as to be ready to march in cafe of aCtual invafion. But 
the law was not aCted upon, in confequence of the pub¬ 
lic fpirit of the nation, which induced perfons to come 
forward voluntarily , lo as to anfwer every intent required 
by the defence aCt. The lifts however were made out, 
in cafe it fiiould hereafter be necefiary to enforce the att; 
and by the abftraCt laid before the houfe of commons, in 
June, 1804, it appears that the following are the total 
numbers of each clafs : 
Number in 1 ft clafs effective.552,619 
-in 2d clafs effective ........ 138,752 
-in 3d clafs effective. 315,653 
-- in 4th clafs effective. 794,291 
Voluntary fervice.482,761 
Army, marines, volunteer corps, fea fencibles . 176,780 
Clergy, licenfed teachers, medical men, and 
conftables. 29,878 
Infirm. 118,322 
Total 2,609,056 
And in the houfe of commons, in the month of April, 
1804, Mr. Addington, then chancellor of the exchequer, 
dated our army in round numbers, as follows: 
Regulars, including militia and cavalry . . . 184,000 
Volunteers.400,000 
Total 584,000 
The maritime (late is nearly related to the former; 
though much more agreeable to the principles of out- 
free conftitution. The royal navy of England hath ever 
been its greateft defence and ornament ; it is its ancient 
and natural ftrength ; the floating bulwark of the bland ; 
an army, from which, however ftror.g and powerful, no 
danger can ever be apprehended to liberty : and accord¬ 
ingly it has been affiduoully cultivated, even from the 
earlieft ages. To fo much perfection was our naval repu¬ 
tation arrived in the twelfth century, that the code of 
maritime laws, which are called the laws of Oleron, and 
are received by all nations in Europe as the ground and 
fubftruCtion of all the marine conftitutions, was confeff- 
edly compiled by king Richard I. at the file of Oleron, 
on the coaft of France, then part of the pofleffions of the 
crown of England. And yet, fo vaftly inferior were our 
anceftors in this point to the prefent age, that even in the 
reign of queen Elizabeth, fir Edward Coke thinks it matter 
of boaft that the royal navy of England then confided of 
thirty-three ffiips. The prefent condition of our marine 
is in great meafure owing to the falutary provifions of the 
ftatute called the Navigation-aCt; whereby the conftant 
9 S increafe 
