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— Tiebs ty 
‘ 
SCARCE TRACTS, WITH EXTRACTS AND ANALYSES OF 
SCARCE BOOKS. 
bis proposed in future to devote a few Pages of the Monthly Magazine to the 
Ensertion of such Scarce Tracts as are of an interesting Nature, with the Use 
of which we may be favoured by our Correspondents; and under the same Head te 
sntroduce also the Analyses of Scarce and Curious Books, 
=e 
€¢ Tie Ancient Common-Law Right of 
associating with the Vicinage in every 
\ County, District, or Town, to support 
the Civil Magistrate, in maintaining 
the Peace. By Granville Sharp, esq.” 
AN being by nature a social 
creature, it is natural for him to 
associate with his brethren and neigh- 
bours, for common defence against alt 
wnjust violence; and such association be- 
jag just and reasonable, as well as natu- 
yal, we have not only a right thus to asso- 
eiate, but are even bound to do it, by a 
branch of the common-law, which cannot 
legably be changed: for it is fixed upon 
all men, in their respective districts and 
eountries, as an indispensable duty, by 
“ the law of nature and nations, that we 
may become assisting” (says Cowel, tit. 
@.) “ both to.our parents and country ; 
and repel force and injury: and from 
hence it comes,” (says he,) ‘¢ that what- 
soever we do for the defence of our own 
bodies, is adjudged legal.” For which 
he cites Bracton, |.i.c.6.num.7. So 
the author of Doctor and Student, in 
his second chapter, concerning the law of 
nature and nations, and the law of rea- 
son, asserts, that, “ by the law of reason, 
it 18 lawful to.repel force with force; and 
that it is the right of every one” (fas est 
unicuique se tueri, &c.) ‘to defend him- 
self and bis property against unjust vio- 
lence.”. And again, in his fifth chap. 
ter, concerning the first foundation of 
English law, reason, he again repeats the 
maxim, that ¢ it is lawful to repel force 
with force for the defence of the body, 
due circumstances being observed.” 
Now, as the laws of reason and nature 
are immutable, this natural right of as- 
sociating for common defence and peace, 
and the natural right of every individual 
to repel force with force, in defeuce of 
himself and‘ property, can never be an- 
nuiled by any act of parliament, but 
must ever be esteemed as immutable 
rights of the common-law, and must als 
ways remain in force, unless the govern- 
ment should unhappily cease to be legal, 
by setting aside the first foundations of 
the law! Ancient statutes, however, 
though not the foundation of these rights, 
yet bear ample testimony to the exercise 
1 
or usage of them: for, what is *‘the 
power of the countie,” so often menti~ 
oned in the ancient law and statutes, but 
an a?med association of the vicinage?— 
an association, from which no layman, 
from 15 to 60 years of age, was exempt. 
See Lambard’s Eirenarcha, third book, 
p. 316, title, ‘¢ Power. of the Countie.” 
“That the justices of the peace, she- 
rife, or under-sheriffe, ought to have the 
aide’ and attendance of all the knightes, 
gentlemen, yeomen, labourers, servaunts, 
apprentices, and villaines; and likewise 
of wardes: and that of other yong men 
that be above the age of xv. years; for 
all of that age are hound to have har- 
nesse by the statute of Winchester,” 
See also in page 479 of the Eirenarcha, 
a farther testimony that the law requires 
all laymen not only to have arms, but 
also to be well exercised therein. See 
title “ Archerie.” ‘¢ If any man, being 
the queen’s subject,” (the author wrote 
in the reign of Queen Elizabeth,) ‘ and, 
not have reasonable cause or impedi-« 
ment, and being within the age of 60 
years, (except spirituall men, justices of 
one bench or other, justices of assize, 
and barons of the exchequer,) have not 
a long-bow and arrowes readie in his 
house, or have not used shooting theres 
in;” (which is a clear command to ke 
exercised in arms;) ‘¢or have not, for 
every man-child in his house, (betweene 
Z yeeres and 17 of age,) a bow and @ 
shafts; and for every such, being above 
17 yeeres, a bow and 4 shafts; or have 
not’ brought them up in shooting, &c. he 
loses 6s. 8d. for each month.” And, 
under the same head, he informs us, that, 
if any man, above the age of 24 years, 
“have shot at any marke under eleven 
score yards,” (viz. one furlong, or 220 
yards,)* with any prick, shaft, or flight,” 
he shall. ‘¢ lose 6s, 8d. for every shot.” 
Alse, “if the inhabitants of any towne 
have not made and continued their butta 
as they aught to. do,”— lose 20s. for 
every 3 moneths;” (Eirenarcha, 4 book, 
p- 478, 479 ;) for which he cites $33’ Hen. 
VIII. c. 9. in which, indeed, the obkga. 
tion for every man to have arms, and be 
exercised therein, is expressed still in 
stronger terms, Viz ‘that butts be 
made 
