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pade, on this side the feast of St. Mis only, as is above said, whiereby they and chael the archangel next coming, in every of them, by the exercise therent, every city, town, and place, by the inhia. in form above said, may the better aid bitants of every such city, town, and and assist to the defence of this realm, place, according to the law of ancient when recd shall require,” &c. This times used, and that the said inhabitants statute is still in force. and dwellers in every of them, be coin. Every temporal person was formerly pelled to make and continue such butts, liable to pecuniary penalties; "it be upon pain to forteit, for every 3 months have not” (says Lambard) “ and keep so lacking, 20s.. And that the said inha- not in readinesse, such horses, geldings, bitants shall exercise theinselves with weapon, armour, or other furniture for long-bows in shooting at the same, and the wars, as, after the proportion of his elsewhere, in holy days and other times abilitie, he ought to have and keepe." convenient. And, io che intent that (Eirenarcha, bouk iv. c. 4, p. 480.) erery person may have bows of mean Thus stood the law so late as the latter price, be it enacted, &c.” § iv. and v. end of Queen Elizabeth's reign, when
Thus the law not only permits, but abso- the book last-cited was published; and lutely requires, every person to have the general tenor of the doctrine, rearms, and be exercised in the use of specing the right of Englishmen to have them.
arms, bath since been confirmed by the The exercise of the long-how was for- Declaration of Rights in the Act of Set. merly esteemed the most effectual mili- tlement, (1 Wm. and Mary, st. 2, c. 2,) tary discipline for the defence of the though it seems now to be limited to Prokingdom, and is so declared in another testant subjects, viz. “That the subjects act of parliament of the same year, cap.
which are Protestants may bave arms 6. and, therefore, as the law, at that for their defence, suitable to their condic time, required every man to be exercised tions, and as allowed by law." This lat. ur the use of the eben fashionable wea- ter expression, “as allowed by law," pons, the reason of the law holds equally respects the limitations in the abové. good, to require the exercise of all men
mentioned act of 33 Hen. VIII. c. 6, in the use of the present fashionable wea
which restrain the use of some particular pons, the musquet and bayonet.
sorts of arms, meaning only such arms But even, at that time, the use of as were liable to be concealed, or othermusquets or guns, was allowed to the wise favour the designs of murderers, as inhabitants of all cities, boroughs, and
“ cross-bows, little short hand-guns, and market-towns, and for the very same
Jittle bag-buts,” and all guns under cerreason (the defence of the realm,) by a tain lengths specified in the act; but provisional clause of the last-mentioned proper arms for defence (provided they act, $ vi. “ Provided alway, and be it
are not shorter than the act directs) are enacted, &c. that it shall be lawful, from sb far from being forbidden by this stahenceforth, to, ali gentlemen, yeomen, tute, that they are clearly authorised, and serving-men of every lord, spiritual and “the exercise thereof” expressly reand temporal, and of all knights, esquires, commended by it, as I have already and gentlemen, and to all the inhabi- shewn, And indeed the laws of England tants of cities, boroughs, and markets always required the people to be armed, towns, of this realm of England, to shoot and not only to be armed, but to be exwith any hand.gun, demihake, or hagbut, pert in arms; which last was particularly at any butt or bank of earth, only in recommended by ihe learned chancellor place convenient for the same,” (whereby Fortescue: “Et revera, non minime it appears that proper places for exer- erit regno accommodum, ut incolæ ejus cise should be appointed in every town)
in armis sint experti." " Indeed, it will * so that every such hand.gun, &c. bé be of no small advantage to the kingdom, of the several lengths aforesaid, and not
that the inhabitants be expert in arms.". under.. And that it shall be lawful, to
(De Laudibus Leguin Anglie, c. xliv. p. every of the said lord and lords, knights, 106.). And, in the notes and remarks on esquires, and gentlemen, and the inhabis this book, by the learned Mr. Justice tants of every city, borough, and market. Aland, we find the following observations town, to have and keep in every of their the same purpose.
“ In the Confess buses any such hand-gun or hand-guiis, sor's lawy" (says he) it is, Debent of the length of one whole yard, &c. and universi liberi homines, &c. arma habere, pot under, to the intent to use and shoot et illa semper prompia conservare ad in the sane, it a butc or bank of earth tuitionein regni, si occ.' " See” (says he)
« the laws of the Conqueror to the same of England to have arms is also clearly purpose. The custom of the nation" expressed by the great and learned judge (continues this learned judge)" has been Bracton, one of the most ancient writers to train up the freeholders to discipline; of our common-law, who is justly es. v. 13 and 14. II. c. iii. and ib. § 20, teemed of unexceptionable authority. and title, “War," in the table to the “Ei qui justè possidet, licitum erit cum
armis contra paceni venientem ut expel. Among the ancient constitutions, or lat, cum armis repellere, ut per arma ordinances, of the kingdom, recorded in tuitionis et pacis, que sunt justitiæ, re. the Myrror of Justices, cap. i. $ 3. we pellat injuriam et vim injustam, et arma read that it was ordained, “ that every injuriæ," &c. (Bract. lib. iv. c. 4.) that one of the age of 14 years and above, is, “ to him who justly possesses it shall should prepare him" (se apprestai) be lawful with arins to repel him who kill mortal offenders in their notorious cometh to expel, with arins against the crimes, or to follow them from town to
peace, that, by arms of defence and town with hue and cry," &c.
peace, which are of justice, he may reThe true purpose and advantage of pel injury and unjust violence, and arins having all the inbabitants of this kingdom of injustice,” &c." trained to arms is farthier manifested in
The late unhapy tumults prove, :10 our old law books and statutes; as in the these principles of the English constitie Westminster Primer, cap. xvii. on the tion are as necessary to be enforced at case when any cattle are unlawfully taken present as ever they were; for, had they and driven into any castle or strony.bold, not been fatally neglected and disused, &c. "Le Visct. ou le Bailile pri:e ove the abandoned rioters would have been luy poyar de son countie, ou de sa Bail, quelled and secured by the neighbouring et voile assaier de faire de ceu repi' des inhabitants of Westminster, &c. in their avers a celuy qui les aver prise," &c. first attempts; or, in case they had ad* That the sherilt or the bailiff shall take vanced towards the city, if the proper with him the power of his county, or of barriers had been reserved, the citizens his bailiwick, and shall endevour to would have had time to get under arnis, make replevin" (or recovery)" of the to support their own magistrates in secila caitle from him that hath taken them,” ring the peace of the city; for any attack &c. And lord Coke remarks on this, upon the gates or posterns would have "Nora: every man is bound by the con. justified an immediate discharge of firemon-law to assist not only the sherite in
arms, or other weapons, against the bis office for the execution of the king's assailants, without waiting for the comwrits, (which are the commandments of mand of a peace-officer: and, as the in. the king,) according to law; but iulyo habitants of each city and county are his baily, that bath the sherific's warrant required to make good the damages susin that behalfe, bath the same authority," tained on such occasions by prirare indi&c. (2 Inst. p. 193.)
viduals, it is plain that the inhabitants The attack of a castle or place of arms, themselves, in their collective capacity, must require disciplined troops; and do form that proper power, from which therefore it was certainly necessary thaç the law requires the prevention of such
every manı” so bound by the common damayes, and the support and defence of law to assist, should be trained to arms, the civil magistrates: for, otherwise, the in order to fulfil bis duty. And the law ought to have directed the damages learned Nathaniel Bacon, in his histori.
to be deducted from the last preceding cal Discourse of the Uniformity of the parliamentary grants to the army. Government of England, (150 part, p. If it be alleged that there can be no 64.) remarks, that “the strength con. occasion, in these modern times, to arın sisted of the freeinen; and, though many and wain the inhabitants of England, were bound by temure to follow their because there is an ample military force, ords to the wars, and many were volun. or standing army, to preserve the peace; tiers, yet, it seeins, all were bound upon yet let it be remeinbered, that the call, under peril of fine, and were bound greater and more powerful the standing to keep arms, for the preservation of the army is, so much more necessary is it kingdoin, their lords, and their own pere that there should be a proper balance to sons; and these they mighat neither pawn that pnwer, to prevent any ill effecis nor sell, but leave thein to descend to from it: though there is one bad effect, their heirs, * &c.
which the balance (howsoever perfect The coumou-law right of the people and excellent) cannot prevent; and that
is the enormous and ruinous expence of (This would be a proper language and maintaining a large number of men, with- true policy for a free British parliament out any civil employment for their sup- to adopt.) “ Hereupon” (says the report; an expence, which neither the land porter) " Canutus presently withdrew his nor trade of this realm can possibly bear armies, and within a while after he lost much longer, without public failure ! his crown," &c.
No Englishman, therefore, can be Here again the judge, whoever he was truly loyal, who opposes these essential that spoke, betrayed a most disloyal preprinciples of the English law, whereby judice in favour of “a government by the people are required to have “ars of arms and armies," which led bim into a defence and peace," for matual as well notorious falsehood! for, though the foras private defence: for a standing army mer part of the sentence is true, that of regular soldiers is entirely repugnant king Canute “ withdrew his armien;" et to the constitution of England, and the the latter part, that, “ within a while genius of its inhabitants.
after, he lost his crown," is totally false; Standing armies were not unknown, and the judge, by asserting that ground-, indeed, to our ancestors in very early less circumstance, seemed inclined to inze times, but they were happily opposed by sinuate, that the withdrawing the armies them, and declared illegal. A remarka- occasioned the (supposed) loss of the ble instance of this is related by Sir Ed. crown, which was far from being the case. ward Coke, in his 7th rep. p. 443, (Cal. The great and noble Canute reaper the vin's case,) but with a very erroneous ap- benefit of his prudent and generous conplication of the doctrine, (as there is formity to the free constitution of this in many other instances of that particular limited monarchy; for he enjoyed a long report,) for which the chancellor or and glorious reign, after he sent back bis judges, probably, who spoke, and not Danish soldiers; whichi, according to the reporter, must one day be answer. Matthew of Westminster, (p. 403,) was able. " It appeareth, by Bracton, lib. in the year 1018; and he held the crown m. tract 2. c. 15. fol. 134. that Canutus, with dignity and glory to the end of his the Danish king, having settled himself life, in the year 1035, when he was buin this kingdom in peace, kept, notwith. ried at Winchester with royal pomp standing, (for the better continuance (regio more, ib. p. 409): and his two Sous thereof) great armpies within this realın." also, who separately succeeded him, died [Yet Bracton was more wise and honour- likewise kings of England, for they lost able than to conceive or hint shat great noi the kingdom but by natural deaths, arasies, so kept by the king, were proper and the want of heirs. instruments " for the better continuance Happy would it have been for Enge of peace;" for he says no such thing, this land, had all succeeding kings been as being only a disloyal conceit of sume wise and truly politic as the great Canute, modern judge, concerned in the argument who feared not to commit the care of bis of Calvin's case: but to return to the own person, and those of his foreign words of the reporter. ] “ The peers friends that attended him, to the free and gobles of England, distasting this laws and limited constitution of this government by and armies, kingdom. (odimus accipitrem, quia semper vivit in The old English maxim, however, armis,) wisely and politiquely persuaded against “ a government by arms and are the king, that they would provide for the mies," ought never to be forgotten: safety of him and his people, and yet his “Odinus accipitrem, quia semper vivit armies, carrying with them many incon- in armis." veniencies, should be withdrawn," &c.
Extracts from the Portfolio of a Man of Letters.
STIGAND, ARCHBISLIOP OF CANTERBURY. as he would often swear that he had notone
TE was infamous in life, altogether penny upon the earth, and yet, by a key, understanding; sottishly serviceable both treasures of his were found under the to pleasure and sloth; in covetousness be- ground. And this was a grief and sick. neath the baseness of rusticity, insomuch ness to honest minds, that such spurious MONTHLY MAG. No, 209,
and impure creatures should sustain, or miles from Bath. Here was found a rather distrain, the reverence and ma- monument very admirable both for jesty of religion.
its antiquity, form, and structure ; from
the top, three or four foot deep, it was The chief factors of Italy have been fourteen foot long and sixteen foot Grisons; and they told me, that as the broad, made of stones of sereral colours, trade of banking began iti Lombardy, as blue, red, murray, and white, delicately so that all over Europe a Lombard and cut, not above an inch broad; curiously a banker signified the same thing, so the set, and strongly cemented. The floor great bankers of Lombardy were Grisons, was very delightful to behold : round and to this day the Grisons drive a great about it were placed divers ligures ; and trade in money. For a man there of one in the midst, a bird standing on a sprig. hundred thousand crowns estate, hath not It is thought to have been a convenience perhaps a third part of this within the for water, A work oi great cost and lacountry, but puts it out in the neighbour. bour, and which stewed the excellency ing estates.
of inuch lost art. SUPERSTITION.
GREATRAKES, THE STROAKER. I heard a Capuchin preach here ; it About this time (1665) the fame of was the first sermon I heard in Italy. And Greatrakes the Stroaker tilled the mouths I was much surprised at many comical of the people both in city and country. expressious and gestures; but most of all A novelty not unfit to be mentioned, seewith the conclusion, for there being in all ing that at that time, many wise men were the pulpits of Italy a crucifix on the side affected with it. They that knew him, of the pulpit towards the altar, he, after reported him for a civil, frank, and wella long address to it, at last, in a forced humoured man, born in Munster, 1 Enge transport, took it in his arms and hugged lish extraction; and sometime a lieutenant it, and kissed it. But I observed that bein Colonel Farr's regiment. He was mase fore he kissed it, he, seeing some dust on ter of a compelent estate, and performed it, blew it offvery carefully; for I was just strange cures by stroaking or touching ; under the pulpit. He entertained it with for which he took neither money not a long and tender caress, and held it out presents. That which first created the to the people, and would have forced wonder was, that he passed without contears, both, from himself and them; yet I tradiction; and such inltitudes follower saw none shed.
him as only they could believe who saw CROMWELL.
them. He was said to admire himself the Prince Cromwell, who was now wholly gift which he had. Had he stayed ainong out of action, having laid his scene in the ignorent Irish, his fame might have the counties and boroughs for elections continued longer ; but the infidelity of to the ensuing Parliament, gave himself the English, made him often fail in his and the town a little recreation. It hap. divinity, and bis reputation once ble pened on a Friday in July, that, desirous mishel, his healing mystery soon vanished, to divert himself with driving of lais JAMES NAYLOR, THE QUAKER coach and six horses in Hyde Park, with bis secretary Thurlow in it, like Me- James Naylor, a quaker, who, resem. phistophilus and Doctor Faustus career. bling in his proportions and complexion the ing it in the air, to try how he could picture of Christ, had, in all other things, govern borses, since rational creatures as the setting of the beard and locks int were so unruly and diflicult to be reined; the same fashion, dared to counterfeit like another Phaëton, be fell, in the expee our blessed Lord. To this purpose ha riinent, from the coach-box'; which was had disciples and women ministering to presently posted into the city, and many him, whose blasphemous expressions and ominous and true conjectures made of applications of several parts of scripture his certain catastrophe; one of the inge. relating properly to the loveliness and nious songs on the occasion, ending in transcendant excellency of Christ, to this this presagious rhyme:
impostor, will, (if repeated) move horror Every day and hour bath shew'd us his power, and trembling in every christian. His
But now he hath shew'd us his art : first appearance in this manner was at His first reproach was a fall from a coach, Bristol, where a man, leading his horse His next will b: from a cart.
hare-headed, and one Dorcas Erbury, and A CURIOSITY DISCOVERED 1665. Martha Syminonds, going up to the knees Tuere was a curiosity discovered at a in mire, by his horse's side, sung aloud, place with low Bald Batis-furd, tree Holy, holy, holy, Hosanna, &c. For
this they were seized by the magistrates, tum velatum, the second Christum re.
the dominions thereunto belonging ;
requiring all persons to yield him due obeINVESTITURE OF CROMWELL.
dience. At the end of all, the Protector, Being seated in his chair, on the left with his train carried up by the Lord hand thereuf stood the Lord Mayor Sherard, Warwick's nephen', and the Titchbouror, and the Dutch ambassador; Lord Roberts, lis eldest son, returned; the the French ambassador, and the Earl of Earl of Warwick sitting at one end of Warwick, on the righı; next behind him the coach against him ; Richard his son, stood bis son Richard, Fleetwood, Clay- and Whitlock in one; and Lord Lisle, and pool, and the privy council; upon a lower Montague, in the other boot, with swords descent stood the Lord Viscount Lisle, drawn; and the Lord Claypool led the Lords Montague, and Wbitlock, with horse of honour, in rich caparisons, to drawn swords. Then the speaker, (Sir Whiteball. Thomas Whiddrington) in the name of RIDICULOUS SUPERSTITION AND IGNOthe parliament, presented to him a robe ut purple velvet, a bible, a sword, and a Who reateth in bis book of Meteors, sceptre; at the delivery of these things, that the river Rhine in Germany will the speaker made a short comment upon drown all bastard children that are cast them to the Protector, which he divided into it, but drive to land those that are ito four parts as followeth.
lawfully begotten. And also he says, 1. The robe or purple : this is an em- there is a well in Sicily, whereof if thieves blem of magistracy, and imports righte- drink they presently become blind. ousness and justice. When you have put on this vestment, I may say you are This poet was a native of Gloucestera gownman. This robe is of a mixt coe shire, a man of great natural parts, but lour, to shew the inixture of justice and little education. He wrote several poems mercy. Jodeed, a magistrate must have which were dedicated to King James and two hands, to cherish and to punish. King Charles the First. For some time
2. The bible is a book that contains he kept a public-house at Long Acre : the Holy Scriptures, in which you have and upon the murder of King Charles, the happiness to be well versed. This set up the sign of the Mourning Crown; book of life, consists of two testaments, but this open piece of loyalty, in those the old and new; the first shews Chrisó days, obliged hiin to pull it down ; upon
RANCE OF DR.