Scarce Tracts, Ke. — [Feb. 1 4 
\ 
® the laws of the Conqueror to the same 
purpose. The custom of the nation” 
(continues this learned judge) “ has been 
to train uy the freeholders to discipline ; 
y. 13 and 14, If. c. iti. arid ib. § 20,, 
‘and title, “ War,” in the table to the 
statutes.” 
Among the ancient constitutions, or 
ordinances, of the kingdom, recorded in 
the Myrror of Justices, chap. i. § 5. we 
read that it was ordained, ‘‘ that every 
one of the age of 14 years and above, 
should prepare him” (se apprestat) * to 
kill mortal offenders in their notorious 
erimes, or to follow them from town to 
town with hue and cry,” Nc. 
The true purpose and advantage of 
having all the inhabitants of this kingdom 
trained to arms is farther manifested in 
our old law books and statutes; as in the 
Westminster Primer, cap. xvil. on the 
case when any cattle are unlawfully taken 
and driven into any castle or strong-hold, 
&c. ‘Le Visct ou le Bailife prise ove 
Iuy poyar de son countie, ou de sa Bail’, 
et voile assaier de faire de ceo rep!’ des 
avers a celuy qui les aver prise,” &c, 
«That the sheriff or the bailiff shall take 
with him the power of his county, or of 
his bailiwick, and shall endeavour to 
make replevin” (or recovery) ‘* of the 
cattle from him that hath taken them,” 
&c. And Jord Coke remarks on this, 
€< Nota: every man Is bound by the com. 
mon-law to assist not only the sherife in 
his office for the execution of the king’s 
writs, (which are the commandments of 
the king,) according to Jaw; but also 
his baily, that bath the sheriffe’s warrant 
in that behalfe, hath the same authority,” 
&c. (2 ust. p. 193.) 
The attack of a castle or place of arms, 
must require disciplined troops; and 
therefore it was Certainly necessary that 
every man” so bound by the common- 
law to assist, should be trained to arms, 
jn order to fulfil bis duty. And the 
learned Nathaniel Bacon, in his bistori- 
eal Discourse of the Uniformity of the 
Government of England, (1st part, p.- 
64.) remarks, that ‘the strength con- 
sisted of the freemen; and, though many 
were bound by tenure to follow their 
Lords to the wars, and many were volun- 
~ tiers, yet, it seems, all were bound upon 
call, under peril of tine, and were bound 
to keep arms, for the preservation of the 
kingdom, their lords, and. their own per- , 
sons; and these they might neither pawn 
nor sell, but leave them to descend to 
their heirs,” &c. 
_ The common-law right of the people 
of England to have arms is also clearly 
expressed by the great and learned judge , 
Bracton, one of the most ancient writers 
of our common-law, who is justly es- 
teemed of unexceptionable authority. 
Ei qui just? possidet, licitum erit cum 
armis contra pacem venientem ut expel- 
Jat, cum armis repellere; ut per arma 
tuitionis et pacis, qua sunt justitiz, ree 
pellat injuriam et vim injustam, et arma 
injurie,” &c. (Bract. lib. iv, cs 4.) that 
is, “to him who justly possesses it shall 
be lawful with arms to repel him who 
cometh to expel, with arms against the ° 
peace, that, by arms of defence and 
peace, which are of justice, he may re- 
pel injury and unjust violence, and arins 
of injustice,” &c, 
The late unhappy tamults prove, that 
these principlegof the English constitu- 
tion are as necessary to be enforced at 
present as ever they were; for, had they 
not been fatally neglected and disused, 
the abandoned rioters would have been 
quelled and secured by the neighbouring 
inhabitants of Westminster, &c. in> their 
first attempts; or, in case they had ad- 
vanced towards the city, if the proper 
barriers: had been reserved, the citizens 
would have had time to get under arms, 
to support their own magistrates in secus 
ring the peace of the city; for any attack 
upon the gates or posterns would have 
justified an immediate discharge of fire- 
arms, or other weapons, against the 
assailants, without waiting for the com- 
mand of a peace-officer: and, as the in- 
habitants of each city and county are 
required to make good the damages sus- 
tained on such occasions by private indi- 
viduals, it is plain that the inhabitants 
themselves, in their a a capacity, 
do form that proper power, from which 
the law requires the prevention of such 
damages, and the support and defence of 
the civil, magistrates: for, otherwise, the 
law ought to have directed the damages 
to- be deducted from the last preceding 
parliamentary grants to the army, 
If it be alleged that there can be no 
occasion, in these modern times, to arm 
and train the inhabitants of England, 
because there is an ample military force, 
or standing army, to preserve the peace ; 
yet let it be remembered, that tha 
greater and more powerful the standing 
army is, so much more necessary is it 
that there should be a proper balance to 
that power, to prevent any ill effects 
from it: though there isone bad effect, 
which the balance (howsoever perfect 
and excellent) cannot prevent; and that 
