Page:Prerogatives of the Crown.djvu/66

 46 Tlie Fleet. [Ch.IV.Sec.V. tent, which his Majesty may think fit. But the constitution has, with the wisest jealousy, ordained that a standing force is not legal in time of peace, unless by consent of Parliament {a). During peace the King has therefore no legal authority or prerogative to keep an army on foot. However, as remarked by Sir Wm. Blackstone, it has for many years past been annu- ally 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. And it was enacted by statute 10 Wm. 3. c. 1. that not more than twelve thousand regular forces should be kept on foot in Ireland, though paid at the charge of that kingdom; which permission is extended by statute 8 Geo. 3. c. 1 3. to 1 6,235 men in time of peace. The authority and power which the annual Act grants to the King over the forces is extensive. It empowers his Majesty to constitute courts martial, who are to try military offences ac- cording to articles framed by his Majesty {li). The King's power over the Fleet in time of war, is as gene- ral as that which his Majesty possesses during that period over his armies ; except in this respect that the articles of the navy are framed by the legislature, and specify with particularity almost every possible offence and its punishment; thus in effect and in substance depriving his Majesty of a legislative power over his navy (c). As a powerful navy cannot, even during peace, be regarded with the suspicion and distrust which are laudably attached to the existence of a standing army, the King's prerogative over his navy does not by law terminate, nor is it lessened, merely by the cessation of hos- tilities. There is also a substantial legal distinction between the mode of raising land and sea forces. Though, as just ob- served, the King has a right to require the personal service of every man able to bear arms, in case of a sudden invasion or formidable insurrection ; and the allegiance due from the sub- (a) Bill of Rights, 1 Wm. and Mary, (A) See 55 Geo. 3. c. 108. s. 14, 35, St. 2. c. 2. Recital in st 55 Geo. 3. &c. 1 Bla. Com.415. c. 108, and the annual mutiny acts. (c) See 1 Bla. Com. 421. 6 ject