Page:History of England (Macaulay) Vol 3.djvu/53

 dashed gallantly into the water, though it was so deep that their horses were forced to swim. Then the mutineers lost heart. They beat a parley, surrendered at discretion, and were brought up to London under a strong guard. Their lives were forfeit: for they had been guilty, not merely of mutiny, which was then not a legal crime, but of levying war against the King. William, however, with politic clemency, abstained from shedding the blood even of the most culpable. A few of the ringleaders were brought to trial at the next Bury assizes, and were convicted of high treason; but their lives were spared. The rest were merely ordered to return to their duty. The regiment, lately so refractory, went submissively to the Continent, and there, through many hard campaigns, distinguished itself by fidelity, by discipline, and by valour.

This event facilitated an important change in our polity, a change which, it is true, could not have been long delayed, but which would not have been easily accomplished except at a moment of extreme danger. The time had at length arrived at which it was necessary to make a legal distinction between the soldier and the citizen. Under the Plantagenets and the Tudors there had been no standing army. The standing army which had existed under the last kings of the House of Stuart had been regarded by every party in the state with strong and not unreasonable aversion. The common law gave the Sovereign no power to control his troops. The Parliament, regarding them as mere tools of tyranny, had not been disposed to give such power by statute. James indeed had induced his corrupt and servile judges to put on some obsolete laws a construction which enabled him to punish desertion capitally. But this construction was considered by all respectable jurists as unsound, and, had it been sound, would have been far from effecting all that was necessary for the purpose of maintaining