A R 
Ht leems univerfally agreed by all lyftonans, that king 
Alfred firft fettled a national militia in England, and by 
his prudent difcipline made all the fubjecls of his domi¬ 
nions foldiers. Under thofe regulations, every freeman 
of an age capable of bearing arms, and not incapacitated 
by any bodily infirmity, was, in cafe of a foreign invafion, 
internal infurrebtion, or other emergency, obliged to join 
the army, that being one of the fervices comprifed under 
the title of the trinoda necejjitas. In affembling their ar¬ 
mies, all fuch as were qualified to bear arms in one family 
were led to the field by the head of that family. Every 
ten families made a tything, which was commanded by the 
borfholder, in his military capacity ftyled condublor. Ten 
tythings conftituted an lmndred; the foldiers of each hunv. 
dred were led by the chief magifirate of the hundred, 
fometimes called the hundredary. Several hundreds form¬ 
ed a trything; which, in Yorklhire, is corruptedly called 
a riding, from the fimilarity of founds; the eaft, north, 
and welt, ridings, really meaning the eaft, north, and weft, 
trythings. This officer was elected by the hundred, at 
their public court, where they met armed ; and every mem¬ 
ber, as a token of his obedience, touched the weapon of 
the hundredary; whence thefe courts were called wapen¬ 
takes, a name ftill kept up in feveral counties. The forces 
of the county or (hire were commanded by the hertoch, or 
duke, and he by the king, or an officer called the kyning’s- 
hold, i. e. the king’s lieutenant or general, which office 
lafted only during the war. In times of peace, or when 
the king did not think it neceffary to have a general, the 
militia remained under the command of the dukes of each 
county. The clergy were alone exempted from perfonal 
military fervices, not only as being contrary to their pro- 
feflion, but likewife that they might the better attend to 
their religious duties. Their eftates were however made 
chargeable to the trinoda necejjitas, and is the only impofi- 
tion to which they were liable. 
Upon the Norman conqueft, the feodal law was intro¬ 
duced here with all its rigour, the whole of which is built 
on a military plan. In confequence thereof, all the lands 
in the kingdom were divided into what were called knight’s 
fees , in number above 60,000; and, for every knight’s fee 
a knight or foldier, miles, was bound to attend the king in 
his wars, for forty days in a year ; in w hich fpace of time, 
before war was reduced to a fcience, the campaign w as 
generally finifhed, and a kingdom either conquered or vic¬ 
torious. By this means the king had, without any expence, 
an army of 60,000 men always ready at his command. 
And accordingly we find one, among the laws of William 
the Conqueror, which in the king’s name commands and 
firmly enjoins the perfonal attendance of all knights and 
others: “ Quod habeant et teneant fe femper in armis et 
equis, ut decet et oportet: et quod femper fint prompt! et 
parati ad fervitium fuum integrum nobis explendum ct pe- 
ragendum, cum opus adfuerit, fecundum quod debent de 
feodis et tenementis fuis de jure nobis facere.” This per¬ 
fonal fervice in procefs of time degenerated into pecuniary 
commutations or aids; and at laft the military part of the 
feodal fyftem was aboliflied at the Reftoration, by ftatute 
mCar. II. c. 24. See Feodal System. 
In the mean time, we are not to imagine that the king¬ 
dom was leftwholly without defence in cafe of domeftic 
infurrebtions, or the profpebt of foreign invafiorts. Befides 
thofe who by their military tenures w ere bound to perform 
forty days fervice in the field, the fheriff, with th 0. peffe 
armilatus, was bound to defend his county againft any of 
the king’s enemies. The pojjc comitatus, or power of the 
county, included every free mail above the age of fifteen, 
and under that of fixty; and, although the chief deftination 
of this eftabliffnnent was’to preferve the peace under the 
command of the (herifF, they were alfo, in cafe of hoftile 
invalions, called out to defend the.country, and repel the 
enemy. The poJJ'c comitatus differed from the feudal tioops 
in this; they were only liable to be called out in cafe of 
internal commotions, or abhtal invafions, on which occa- 
iions only they could legally be marched out of their re- 
M Y, 203 
fpeclive counties, and in no cafe out of the kingdom; 
whereas the feudal troops were fubjebt to foreign fervice 
at the king’s pleafure. 
The affize of arms, enabled 27 Henry II. and afterwards 
the ftatute of Winchefter, under Edward I. alfo 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 conftablcs were appointed 
in all hundreds by the latter ftatute, to lee that fuch arms 
were provided. Thefe weapons were changed, by the 
ftatute 4 and 5 Phil. & Mary, c. 2. into others of more 
modern fervice; but both this and the former provilions 
were repealed in the reign of James I. While thefe con¬ 
tinued in force, it was ufual from time to time for our 
princes to ifflie cominifiions of array, and fend into every 
county officers in whom they could confide, to mufter anil 
array (or fet in military order) the inhabitants of every 
diftribt ; and the form of the commiffion of array was fet¬ 
tled in parliament in the 5 Hen. IV. But, at the fame time 
it was provided, that no man fhould be compelled to go 
out of the kingdom at any rate, nor Ihouid provide fol¬ 
diers, unlefs by confent of parliament. About the reign 
.of Henry VIII. lord-lieutenants began to be introduced, 
as Handing reprefentatives of the crown, to keep the coun¬ 
ties in military order; for we find them mentioned as known 
officers in the ftatute 4 and 5 Phil. & Mary, c.3. though 
they had not been then long in ufe; for Camden fpeaks 
of them in the time of queen Elizabeth as extraordinary 
magiftrates, conftituted only in times of difficulty and 
danger. In this ftate things continued till the repeal of 
the ftatutesof armour in the reign of James I. after which, 
when Charles I. had, during his northern expeditions, if- 
fued cominifiions of lieutenancy, and exerted fome mili¬ 
tary powers, which, having been long exercifed, were 
thought to belong to the crown, it became a queftion in 
the long-parliament, how far the power of the militia did 
inherently refide in the king; being now unfupported by 
any ftatute, and founded only upon immemorial ufage. 
This queftion, long agitated with great heat and refent- 
ment on both tides, became at length the immediate caufe 
of the fatal rupture between the king and his parliament: 
the two houfes not only denying this prerogative of the 
crown, but alfo feizing into their hands the entire power 
of the militia. 
Soon after the reftoration of Charles II. when the mili¬ 
tary tenures were abolifhed, it was thought proper to af- 
certain the power of the militia, to recognife the foie right 
of the crown to govern and command them, and to put 
the whole into a more regular method of military fubor- 
dination: and the order in which the militia now Hands 
by law, is principally built upon the ftattites which were 
then enabled. It is true, the two laft of them are appa¬ 
rently repealed ; but many of their provilions are re-enabl¬ 
ed, with the addition of fome new regulations, by the pre- 
fent militia-laws; the general fcheme of which is to difci¬ 
pline a certain number of the inhabitants of every county, 
chofen by lot for five years, and officered by the lord-lieu¬ 
tenant, the deputy-lieutenants, and other principal, land¬ 
holders, under a commiffion from the crown. They are 
not compellable to march out of their counties, unlefs in 
time of war, or actual rebellion., nor in any cafe compella¬ 
ble to march out of the kingdom. They are to be exer¬ 
cifed at Hated times; and their difcipline in general is li¬ 
beral and eafy ; but, when drawn out into actual fervice, 
they are fubjebt to the rigours of martial law, as neceffary 
to keep them in order. This is the eonftitutional army 
which our laws have provided for the public peace, and . 
for protecting the realm againft foreign or domeftic vio¬ 
lence; and which the ftat'utes declare is eflentially necef- 
lary to the fafety and profperity of the kingdom. 
When the nation was. engaged in war, more veteran 
troops and more regular difcipline were elieemed t-o be 
neceffary, than could be expected from a mere militia ; 
and therefore at fuch times more rigorous, methods w ere 
put in ufe for the railing of armies and the due regulation 
and . 
