King George III Implements an Act of Parliament Integral to the English Constitution

Standing armies increased the powers of a ruler and the danger of military despotism, so the English Constitution took decisive steps to meet these threats. It required the annual consent of the people’s representatives in Parliament to fund the army, at which time they also reconfirmed the imposition of punishments on military personnel who acted outside their appointed spheres. This was constitutionally important because it limited the King’s absolute authority, which marked the primary difference between England and the continental monarchies, and was the core of the idea of the liberties of Englishmen that so motivated the American revolutionaries. The act had a practical as well as constitutional aspect, as back then troops were often quartered in the homes of the people. A military that conducted itself improperly risked destroying the confidence of the citizenry in both the military and state, which would be a very serious matter, as was proved in Boston in 1775.

William Blackstone’s “Commentaries on the Laws of England” were long regarded as the leading work on the development of English Constitutional law and played a key role in the development of the American legal system. It formed the basis of the Common Law, and the U.S. Supreme Court quotes from Blackstone's work when it wishes to discussing the intent of the framers of the Constitution.

Blackstone writes that “To prevent the executive power from being able to oppress, says Baron Montesquieu, it is requisite that the armies with which it is entrusted should consist of the people, and have the same spirit with the people…To keep this body of troops in order, an annual act of Parliament likewise passes, ‘to punish mutiny and desertion, and for the better payment of the army and their quarters.’ This regulates the manner in which they are to be dispersed…and establishes a law martial for their government. By this, among other things, it is enacted, that if any officer and soldier shall excite, or join any mutiny, or, knowing of it, shall not give notice to the commanding officer; or shall desert, or list in any other regiment, or sleep upon his post, or leave it before he is relieved, or hold correspondence with a rebel or enemy, or strike or use violence to his superior officer, or shall disobey his lawful commands; such offender shall suffer such punishment as a court martial shall inflict…”

Part of this annual act provided funds, which would affect the Exchequer, and part reconfirmed court martial procedures, which concerned the Judge Advocate General of the military. From 1771-1806, this official was Sir Charles Gould, the first lawyer to hold the post. In June of 1783, while the American Revolution was still formally still ongoing, Parliament passed the annual two-part act for the upcoming year – June 24, 1783 to June 25. King George III?promptly gave his approval of the act, an approval consistent with the English Constitution though it limited his own prerogatives.

Document Signed, London, June 25, 1783, to Gould, containing the King’s acknowledgement of the act of Parliament and containing detailed instructions for the court martial procedures it required. This is the first order of a monarch of Great Britain implementing an act of Parliament we have had, and directly relating to the essence of the Constitution, is of the highest importance.