Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
guide us but precedents; and precedents, in such times, are apt to be
much more records of power than of right. We find certainly several
instances under Edward I. and Edward II., sometimes of proclamations
to the sheriffs, directing them to notify to all persons of sufficient
estate that they must hold themselves ready to attend the king
whenever he should call on them, sometimes of commissions to
particular persons in different counties, who are enjoined to choose
and array a competent number of horse and foot for the king's
service.[213] But these levies being of course vexatious to the
people, and contrary at least to the spirit of those immunities which,
under the shadow of the great charter, they were entitled to enjoy,
Edward III., on the petition of his first parliament, who judged that
such compulsory service either was, or ought to be rendered illegal,
passed a remarkable act, with the simple brevity of those times: "That
no man from henceforth shall be charged to arm himself, otherwise than
he was wont in the time of his progenitors the kings of England; and
that no man be compelled to go out of his shire, but where necessity
requireth, and sudden coming of strange enemies into the realm; and
then it shall be done as hath been used in times past for the defence
of the realm."[214]
This statute, by no means of inconsiderable importance in our
constitutional history, put a stop for some ages to these arbitrary
conscriptions. But Edward had recourse to another means of levying men
without his own cost, by calling on the counties and principal towns
to furnish a certain number of troops. Against this the parliament
provided a remedy by an act in the 25th year of his reign: "That no
man shall be constrained to find men at arms, hoblers, nor archers,
other than those who hold by such service, if it be not by common
consent and grant in parliament." Both these statutes were recited
and confirmed in the fourth year of Henry IV.[215]
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