Page:Prerogatives of the Crown.djvu/65

 Ch.IV. Sec. v.] The Militia.— TJie Army. 45 seem to his Majesty most consistent with political propriety {a). On similar grounds the King is solely entitled to erect, for- tify, and govern forts and other places of strength, within his dominions (b) ; both which prerogatives clearly appertain to the Crown by the fundamental rules of the British consti- tution, and are expressly recognized as such in the recitals of two statutes passed in the reign of Charles 2 (c). " Forasmuch as within all his Majesty's realms and dominions the sole su- preme government, command, and -disposition of the militia, and of all forces by sea and land, and of all forts and places of strength is, and by the laws of England ever was, the undoubt- ed right of his Majesty and his Royal predecessors. Kings and Queens of England, and that both or either of the Houses of Parliament cannot nor ought to pretend to the same." With respect to the militia^ the extent to which they may be employed, and various regulations respecting them, are specially pointed out by a series of legislative provisions {d), which do not deny, but admit, the power of the Crown to command tliem, subject to such provisions. Under these enactments (6"), the King is enabled in all cases of actual invasion, or upon imminent danger thereof, and in all cases of rebellion or in- surrection, the occasion being first communicated to Parlia- ment, if sitting, or if not sitting, declared in Council and notified by Proclamation, to order the militia to be embodied ; and his Majesty may use them, or such proportion of them, and in such manner as his Majesty shall in his wisdom deem necessary, and when drawn out into actual service, they are liable to all the rigours of martial law. But it is expressly enacted by all the statutes on this subject that the militia shall, on no account, be sent out of Great Britain. With respect to the regular force of the kingdom, who are totally unconnected with, and substantially different in their nature and object from the militia, the King is not by law restrained to any particular limits as to the services in which they may be employed against his enemies. They may of course be sent to any place, or employed to any ex- (a) I Bla. Cook 262. duces the preceding statutes into one, (A) 2 Inst. 30. 1 Ibid. 5. and refer to tlie subsequent statutes, (c) 13Car. 2. st.l. c. 6. 14 Car. 2. See 1 Bla. Com. 412. Burn, J. tit. <c. 3. Militia. id) See 43 Geo. 3. c. 90. which re- (<?) See 43 Geo. 3. c. 96. s. 111. tent,