Page:History of England (Macaulay) Vol 3.djvu/57

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speeches, setting forth how the guards of Pisistratus seized the citadel of Athens, and how the Prætorian cohorts sold the Roman empire to Didius. At length these declamations became too ridiculous to be repeated. The most oldfashioned, the most eccentric, politician could hardly, in the reign of George the Third, contend that there ought to be no regular soldiers, or that the ordinary law, administered by the ordinary courts, would effectually maintain discipline among such soldiers. All parties being agreed as to the general principle, a long succession of Mutiny Bills passed without any discussion, except when some particular article of the military code appeared to require amendment. It is perhaps because the army became thus gradually, and almost imperceptibly, one of the institutions of England, that it has acted in such perfect harmony with all her other institutions, has never once, during a hundred and sixty years, been untrue to the throne or disobedient to the law, has never once defied the tribunals or overawed the constituent bodies. To this day, however, the Estates of the Realm continue to set up periodically, with laudable jealousy, a landmark on the frontier which was traced at the time of the Revolution. They solemnly reassert every year the doctrine laid down in the Declaration of Rights; and they then grant to the Sovereign an extraordinary power to govern a certain number of soldiers according to certain rules during twelve months more.

In the same week in which the first Mutiny Bill was laid on the table of the Commons, another temporary law, made necessary by the unsettled state of the kingdom, was passed. Since the flight of James many persons who were believed to have been deeply implicated in his unlawful acts, or to be engaged in plots for his restoration, had been arrested and confined. During the vacancy of the throne, these men could derive no benefit from the Habeas Corpus Act. For the machinery by which alone that Act could be carried into execution had ceased to exist; and, through the whole of Hilary term, all the courts in Westminster Hall had remained closed. Now that the ordinary tribunals were about to resume their functions, it was apprehended that all those prisoners whom it was not convenient to