re as 
4 y ‘ 
1811.] 
made, on this side the feast of St. Mi- 
chael the archangel next coming, in 
every city, town, and place, by the inha- 
bitants of every such city, town, and 
place, according to the law of ancient 
times used, and that the said inhabitants 
and dwellers in every of them, be com- 
pelled to make and continue such butts, 
upon pain to forfeit, for every 3 months 
so lacking, 20s. And that the said inha- 
bitants shall exercise themselves with 
Jong-bows in shooting at the same, and 
elsewhere, in holy days and other times 
convenient. And, to the intent that 
every person may have bows of mean 
‘price, be it enacted, &c.” §.iv. and v. 
Thus the law not only permits, but abso- 
lutely requires, severy person to have 
arms, and be exercised in the use of 
‘them. 
The exercise of the long-bow was for- 
-merly esteemed the most effectual mili- 
‘tary discipline for the defence of the 
‘kingdom, and is so declared in another 
act of parliament of the same year, cap. 
6. and, therefore, as the law, at that 
‘time, required every man to be exercised 
in the use of the then fashionable wea- 
pons, the reason of the law holds equally 
ood, to require the exercise of al) men 
in the use of the present fashionable wea- 
pons, the musquet and bayonet. 
- But even, at that time, the use of 
“musquets or, guns, was allowed to the 
inhabitants of all cities, boroughs, and 
~market-towns, and for the very same 
reason (the defence of the realm,) by a 
provisional clause.of the Jast-mentioned 
act, § vi. 
enacted, &g. that it shall be lawful, from 
henceforth, to all geritlemen, yeomen, 
and serving-men of every lord, spiritual 
and temporal, aod of all knights, esquires, 
and gentlemen, and to all the inhabi- 
“tants of cities, boroughs, and raarket- 
towns, of this realm of England, to shoot 
with any hand-gen, demihake, or hagbut, 
at any butt or ‘bank of earth, only in 
| «place'convenient for the same,” (whereby 
‘it appears that proper places for exer- 
_cise should be appointed in every town,) 
‘so that every such hand.gun, &c. be 
of the several lengths aforesaid, and not 
under. And that it shall be lawful, to 
every of the said lord and lords, knights, 
Sesquires, and gentlemen, and the inhabi- 
“tants of every city, borough, and market- 
town, to liave and keepin every of ‘their 
houses any such hand-gun or hand-guns, 
- of the lengtii of one whole yard, &c. and 
‘not under, to the intent to use and shoot, 
Ga the same, at a butt or bank of earth 
“Scarce Tracts, Me. 
© Provided alway, and, be it © 
mm 
39 
only, as is above said , whereby they and’ 
-every of them, by the exercise thereof, 
-in form above said, may the better aid 
and assist to the defence of this realm, 
when need shall require,” &e. This 
statute is still in force. 
Every temporal person ‘was formerly 
liable to pecuniary penalties; *¢if be 
have nov” (says Lambard) **and keep 
not in readinesse, such horses, geldings, 
weapon, armour, or other furniture for 
the wars, as, after'the proportion of his 
abilitie, be ought to have and keepe.” 
(Eirenarcha, book iv. c. 4, p. 480s) 
Thus stood the law so late as the latter 
‘end of Queen Elizabeth’s reign, when 
the book last-cited was published; and 
the general tenor of the doctrine, rea 
specting the right of Englishmen to have 
arms, hath since been confirmed by the 
Declaration of Rights in the Act of Ser- 
tlement, (4 Wm. and Mary, st. 2, c. 2,9 
though it seems now to be limited to Pre- 
testant subjects, viz. “ That the subjects 
which are Protestants may have arms 
for their defence, suitable to their condie 
tions, and as allowed by law.” This lat. 
ter expression, ‘as allowed by law,” 
respects’ the limitations in the above- 
mentioned act of 83 Hen. VIII. 6, 
which restrain the use of some particular 
sorts of arms, meaning only such arms 
as were liable to be concealed, or other- 
wise favour the designs of murderers, as 
 cross-bows, little short hand-guns, and 
little hag-buts,” and all guns under cer- 
tain lengths specified in the aet; but 
proper arms for defence (provided they 
are not shorter than the act directs) are 
so far from being forbidden by this sta- 
‘tute, that they are clearly authorised, ‘ 
and ‘¢ the exercise thereof” expressly re- 
commended by it, as I have already 
shewn. And indeed the laws of England 
always required the people to be armed, 
and‘not only to be armed, but to be,ex- 
pert in arms; which last was particularly 
recommended by the learned chancellor 
Fortescue: ‘Et revera, non minime’ 
erit regno accommodum, ut incole ejus 
in arms sint experti.” . * Indeed, it will 
be of no small advantage ta the kingdom, 
that the inhabitants be expert in arms.” 
(De Laudibus Legum Angliz, c. xliv. p, 
166°) ‘And,in the notes and remarks en 
this book, by the learned Mr. Justice 
Aland, we find the following observations 
to the same purpose, ‘* In the Confes- 
sor’s laws” (says he) | it is, Debent 
universi liberi homines, &c, arma habere, 
et illa semper prompta conservare ad 
tuitionem regni,” &c, “See” (says he) 
9* the 
