The bill for making a canal from Invernefs to Fort Auguftus was read a third tine, and paffed.

The city of London army of referve quota bill was reported and recommitted to the next day.

The House refolved itself into a Committee, to confider of the bonding of prize goods.

The following refolution was then moved :

"That prize goods after condemnation fhould be permitted to be landed and warehoufed, on paying for every ton of wine and vinegar, 21. certain duties on brandy, &c. That corn and grain taken fhould be subject to the same duties as in Great Britain, and that prize goods thould be liable to the fame duties as if imported."

The report was ordered to be received the next day.

The Houfe went into a Committee on the longitude act, and the report was ordered to be received the next day. The 4th report of the Commiffioners for Naval Inquiry was prefented, and ordered to be printed.

A ineffage from the Lords informed the Houfe, that their Lordships had agreed to the Queen Anne's bounty amendment bill and feveral private bilis.

The report of the churches and parfonage houfes bill was received.

A claufe was propofed for allowing perfons to devife Jands to the extent of 50 acres. This was oppofed by Mr. Hurft and Mr. Courtenay, and fupported by Mr. Burtonand Sir William Dolben. Several other claufes were added, and the bill was ordered to be read a third time the next day.

The Irish treasury bills bill was read a third time, and paffed.

DEFENCE OF THE COUNTRY.

The Secretary at War rofe and faid, that in confequence of the notice he had given, it now became his duty to propofe to the Houfe a motion for leave to bring in a bill for amending the act for the defence of the country, paffed in the courfe of the prefent feffion, and to enable his Majefty more effectually to exercife his ancient prerogative in requiring the military service of his liege fubjects. The bill already paffed contained provifions which were extremely important in the prefent fituation of the country. It contained provifions for enabling his Majefty to take fuch preliminary nieafures for afcertaining the ftrength and refources of the different parts of the kingdom as were neceffary, with a view

to further measures of internal defence. It likewife provided a compendious mode of acquiring poffeffion of luch property, on the part of the public, as might be necessary; and there were provifions for giving a fummary mode of indemnifying thofe perfons, who might fuffer either by the preparations, or by actual invafion; but, upon mature confideration of that bill, which was fimilar to the bill paffed laft war, in the year 1798, it did not appear to him to go quite far enough. It was particularly defective in one point, name y, in enabling his Majefty to avail himself of his ancient and undoubted prerogative, in commanding the affift ance of all his fubjects fit to bear arms, for the purpose of repelling the invafion of a foreign enemy. The bill went no further than requiring the different counties to furnish their quotas, and taking other measures with respect to the fafety of public property. In order to prove what he had ftated as the ancient prerogative of the crown, he conceived it would not be neceffary to go much into detail. That it was the ancient prerogative of the crown, to command the fervices of all who were capable of bearing arms for the defence of the country, could not be doubted; but at the fame time, it might be neceffary to ftate very thortly the general principles of the law, as they were to be found in our books, and to refer the Houfe to one or two precedents. The King's prerogative, with regard to thofe points, was laid down by Judge Blackstone, in the first volume of his Commentaries, chap. 13. Having fpoken of the ancient Saxon conftitution, by which every man was compelled to three duties that trinada neceffitas, to which every man's estate was fubject, namely, the Arcium conftructio Pontium reparatio et expeditio contra hoftem, the learned writer thus proceeded— "Befides thofe, who, by their military tenures, were bound to perform forty days' fervice in the field, firft, the affize of arms, enacted 27 Henry II. and afterwards the ftatute of Winchester, under Edward I. obliged every man, according to his eftate and degree, to provide a determinate quantity of fuch arms as were then in ufe, in order to keep the peace; and conftables were appointed in all hundreds by the latter ftature, to fee that fuch arms were provided." The fame writer added, "That it was ufual, from time to time, for our princes to iffue commiffions of array, and fend into every county officers in whom they could confide, to mufter and array, or fet in military order, the inhabitants of every dif

trict; and the form of the commiffion of array was fettled in Parliament, fo as to prevent the infertion therein of any new penal clauses; but it was also provided, that no man fhould be compelled to go out of the kingdom, at any rate, nor out of his fhire, but in cafes of urgent neceffity, nor fhould provide foldiers unlefs by confent of Parliament." In another paffage, fpeaking of the power of the sheriff, the fame writer faid "he is alfo to defend his country against any of the King's enemies, when they come into the land, and for this purpofe he may command all the people of his county to attend him, which is called the poffe comitatus, or power of the county; which fummons every perfon above fifteen years old, and under the degree of a peer, is bound to attend upon warning, under pain of fine and imprifonment." Such were the general principles of the Conftitution as laid down by that able lawyer, He would refer the House to one or two authorities more: By the 1ft Edward III. ftat. 2, chap. 5, it was enacted, that it was the King's will, no man, from thenceforth, should be charged to arm himself otherwife than he was wont in the time of his progenitors, Kings of England; and that no man fhould be compelled to go out of his thire, but where neceffity required, and the fudden coming of ftrange enemies into the realm, and then it should be done as had been used in times past for the defence of the realm. Undoubtedly, at that time of day, this was a decifive parliamentary recognition of the law; and in the 5th Henry IV. upon a petition of the Commons, the form of a commiffion of array was then fettled in Parliament, and of courfe had the effect of an act of Parliament. The commiffion of array was to be found in the rolls of Parliament, 5 Henry IV. No. 24 and 25. It was to this effect: "The King to the Sheriff of Kent greeting: Because by the reports of many to whom we give credit, it has come to our knowledge that our enemies, the French, having affembled with many of their allies and friends, with a large fleet of fhips, and with other unufoal appointments, our kingdom of England and our liege fubjects to overthrow and destroy, and that they propofe and intend to invade the fame, unless (by God's favour) they fhall be ftrenuously refifted. We, in order to provide for the falvation of pur said kingdom, and our liege subjects aforefaid, and from the malice and arrogance of fuch enemies to guard ourselves by thofe means which may be most expedient, do command

you,

you, and most strictly enjoin you, that immediately on the fight of thefe prefents, you order it to be publicly proclaimed in every place within your bailiwick, where it fhall be fit and neceffary, as well within its liberties as with out, that all and every man able to bear arms, men having arms bobellarii, and archers of your bailiwick (ecclefiaftics only exempted) under pain of imprifonment, do provide, arm, and array themfelves, each according to his degree and ability; and in fuch array do hold themfelves, and remain to the end, that they may be prompt and ready to depart for the defence of our kingdom aforefaid, as often as the incurfions of the enemy may threaten any danger, or as they fhall be ordered by us, or in our name; and this you are not to omit, under the penalty that may await you. Witnefs the King at Coventry, the 26th of October, by the King himself. Similar writs were directed to all the Sheriffs in England. This he conceived to be a complete parliamentary recog nition of the ancient prerogative of the Crown. Now this being the ancient law of the realm, it might be afked, why was it neceffary to call the attention of Parliament at this time to any parliamentary meafure? It was because the procefs by which the prerogative of the Crown and the duty of the fubject could be enforced, was fo tedious as to Tender it in a great meafure ufelefs. The party refufing to obey the King's funimons might be fined and imprifoned but it could only be by the due courfe of law, a delay which Would render the procefs nugatory. upon the principle and reafon of the thing, with reference It did therefore, to the ancient exercife of the prerogative fo vefted in the Crown, feem to be neceffary to adopt fome fimpie, decifive, and effectual meafure. He apprehended he would not be required to urge the neceffity of fuch a meafure. The fituation in which the country at prefent flood was perfectly known to every one who heard him. It was threatened by

enemy the moft formidable and vindictive this country had ever had to deal with; an enemy not only threatening invafion, but making preparations for it; not only having the infolefice to threaten us with contaminating our fhores, but with actual fubjection. True it was, our force, both by fea and land, was powerful; but when he confidered that the enemy were poffeffed of a confiderable portion of the Continent of Europe, and was every day extending its influence; when he reflected that the powers of the continent, unable or unwilling to refift, were compelled to fubmit to VOL. IV. 1802-3

4 A

grace

grace the car of the First Conful of France, it was not enough to rely on the force we had, great as it was. When he turned his eyes to the continent, and faw the great preparations that were making; when he confidered that France was mafter of the whole coaft of frontier from Hol ftein as far as the fhores of the Adriatic, with the exception of Portugal, it was impoffible not to say that they might poffefs themfelves of the courfe of all the great rivers and the moft confiderable ports of Europe. Under these circumftances, though every one must have a reliance on the fkill and vigilance of our navy, the most powerful navy in the world, and capable of fuftaining a conflict with the navy of the whole world-a navy that, perhaps, had it in its power to blockade every port the enemy had, and to burn, fink, and deftroy all the fhips they ventured to fend out, yet this was not enough we ought to have the means of overwhelming and exterminating any expedition that might be directed against our fhores. Though with the army we had, it was poffible to line the whole coaft of Great-Britain and Ireland

it, however, could not be done in fuch away as to prevent the enemy from taking a temporary poffeffion of fome part of it. No one could fuppofe that with our prefent army we could do any more than affemble the main body at fuch points as were moft material, with a view to a general plan of oppofition, and the ultimate decifion of the conteft; the enemy might, undoubtedly, be able to throw a confiderable force on the coaft. If they embarked: 100,000 men in eight or ten different directions, then, after deducting 50,000 that might be drowned or deftroyed in the paffage over, or difperfed, he would fuppofe that 50,000 men would be able to land. These remains of the expedition would come over more or lefs difunited, more or less fea-fick, and more or lefs provided with neceffaries; and though it was probable we might give a guess where the enemy would land, yet we could not rely upon our opinion in that refpect, for they might change their determination; or, from being driven out of their courfe, they might be difpofed to throw themselves any where. Under thofe circumftances it appeared to him that the whole power of the country ought to be put in a state to be made ufe of in cafe of neceffity, and that after calculating on our own powerful armies, we Thould have a fecond or a third line, or legion upon legion, and army upon army, in order to fill up the regulars, and bodies of troops in the field; and that we should calculate, in the