Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/429

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Ch. 13.
of Persons.
413

Charles the ſecond kept up about five thouſand regular troops, by his own authority, for guards and garriſons; which king James the ſecond by degrees increaſed to no leſs than thirty thouſand, all paid from his own civil liſt; it was made one of the articles of the bill of rights[1], that the raiſing or keeping a ſtanding army within the kingdom in time of peace, unleſs it be with conſent of parliament, is againſt law.

But, as the faſhion of keeping ſtanding armies has univerſally prevailed over all Europe of late years (though ſome of it's potentates, being unable themſelves to maintain them, are obliged to have recourſe to richer powers, and receive ſubſidiary penſions for that purpoſe) it has alſo for many years part been annually judged neceſſary by our legiſlature, for the ſafety of the kingdom, the defence of the poſſeſſions of the crown of Great Britain, and the preſervation of the balance of power in Europe, to maintain even in time of peace a ſtanding body of troops, under the command of the crown; who are however ipſo facto diſbanded at the expiration of every year, unleſs continued by parliament.

To prevent the executive power from being able to oppreſs, ſays baron Monteſquieu[2], it is requiſite that the armies with which it is entruſted ſhould conſiſt of the people, and have the ſame ſpirit with the people; as was the caſe at Rome, till Marius new-modelled the legions by enlifting the rabble of Italy, and laid the foundation of all the military tyranny that enſued. Nothing then, according to theſe principles, ought to be more guarded againſt in a free ſtate, than making the military power, when ſuch a one is neceſſary to be kept on foot, a body too diſtinct from the people. Like ours therefore, it ſhould wholly be compoſed of natural ſubjects; it ought only to be enlifted for a ſhort and limited time; the ſoldiers alſo ſhould live intermixed with the people; no ſeparate camp, no barracks, no inland fortreſſes ſhould be allowed. And perhaps it might be ſtill better, if, by diſmiſſing a ſtated number and enlifting others at every renewal of their

  1. Stat. 1 W. & M. ſt. 2. c. 2.
  2. Sp. L. 11. 6.
term,