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
We must take care not to confound this strictly military force,
serving, whether by virtue of tenure or engagement, wheresoever it
should be called, with that of a more domestic and defensive character
to which alone the name of militia was usually applied. By the
Anglo-Saxon laws, or rather by one of the primary and indispensable
conditions of political society, every freeholder, if not every
freeman, was bound to defend his country against hostile invasion. It
appears that the alderman or earl, while those titles continued to
imply the government of a county, was the proper commander of this
militia. Henry II., in order to render it more effective in cases of
emergency, and perhaps with a view to extend its service, enacted, by
consent of parliament, that every freeman, according to the value of
his estate or movables, should hold himself constantly furnished with
suitable arms and equipments.[217] By the statute of Winchester, in
the 13th year of Edward I., these provisions were enforced and
extended. Every man, between the ages of fifteen and sixty, was to be
assessed, and sworn to keep armour according to the value of his lands
and goods; for fifteen pounds and upwards in rent, or forty marks in
goods, a hauberk, an iron breastplate, a sword, a knife, and a horse;
for smaller property, less expensive arms. A view of this armour was
to be taken twice in the year, by constables chosen in every
hundred.[218] These regulations appear by the context of the whole
statute to have more immediate regard to the preservation of internal
peace, by suppressing tumults and arresting robbers, than to the
actual defence of the realm against hostile invasion; a danger not at
that time very imminent. The sheriff, as chief conservator of public
peace and minister of the law, had always possessed the right of
summoning the _posse comitatûs_; that is, of calling on all the king's
liege subjects within his jurisdiction for assistance, in case of any
rebellion or tumultuous rising, or when bands of robbers infested the
public ways, or when, as occurred very frequently, the execution of
legal process was forcibly obstructed. It seems to have been in the
policy of that wise prince, to whom we are indebted for so many signal
improvements in our law, to give a more effective and permanent energy
to this power of the sheriff. The provisions, however, of the statute
of Winton, so far as they obliged every proprietor to possess suitable
arms, were of course applicable to national defence. In seasons of
public danger, threatening invasion from the side of Scotland or
France, it became customary to issue commissions of array, empowering
those to whom they were addressed to muster and train all men capable
of bearing arms in the counties to which their commission extended,
and hold them in readiness to defend the kingdom. The earliest of
these commissions that I find in Rymer is of 1324, and the latest of
1557.
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