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made, on this side the feast of St. Mis only, as is above said, whereby they and chael the archangel next coming, in every of them, by the exercise thereof every city, town, and place, by the inna in form above said, may the better aid bitants of every such city, town, and and assist to the defence of this realın, place, according to the law of ancient when necd 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 inake 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 laching, 20s. And that the said inha- not in readinesse, such horses, geldings, bitants shall exercise themselves with weapon, armour, or other furniture for long-bows in shooting at the same, and the wars, as, alter the proportion of his elsewhere, in holy days and other lines abilitie, be ought to have and keepe." convenient. And, to che intent that (Eirenarcha, book 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 perunits, 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
arms, halb since been confirmed by the The exercise of the long-how was for. Declaration of Rights in the Act of Set. merly esteemned the most effectual milia tlement, (1 Wm, and Mary, st. 2, c. 2,) tary discipline for the defence of the though it seems now to be limited to Prokingciom, and is so declared in another testant subjects, viz. “ That the subjects act of parliament of the same year, cap. which are Protestants inay bave arms 6. and, therefore, as the law, at that for their defence, suitable to their condi. Liine, required every man to be exercised lions, and as allowed by law." This lat. ir the use of the iben fashionable wea. ter expression, “as allowed by law." pons, the reason of the law holds equally respects the limitations in the above. qood, 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
little 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, 6 vi. "Provider 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 sta. henceforth,.to, all 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 inhabia shewn, . And indeed the laws of England tants of cities, boroughs, and market. always required the people to be armed, towns, of this realm of England, to shoot and not only to be armed, but to be ex. with any hand-gun, demihake, or hagbut, pert in arms; which last was particularly at any butt or bank of earth, only in recommended by the learned chancellor place convenient for the same,” (whereby Fortescue: “Ec revera, non minime it appears that proper places for exers 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 arins.". under.. And that it shall be lawful, to (De Laudibus Legum Anglia, c. xliv. p. every of the said lord and lords, knights, 106.) And, in the notes and remarks on Esquires, and gentlemen, and the inhabi. this book, by the learned Mr. Justice tants of every city, borough, and markets Aland, we find the following observations lown, to have and keep in every of their to the same purpose. “ In the Confess houses any such hand-gup or band-guis, 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, nt a butt or bank of earth tuitionein regni," Src, "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 eso v. 13 and 14. II. c. iii. and ib. § 20, teemed of unexceptionable authority. and title, “ War," in the lable to the “Ei qui justè possidet, licitum erit curs statutes.”
armis contra pacem venientem ut expel. Among the ancient constitutions, or lat, cum arniis repellere, ut per arma ordinances, of the kingdom, recorridin tuitionis et pacis, que sunt justitiæ, re. the Myrror of Justices, diap. i. $ 3. we pellat injuriain et vim injustam, et arina 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) “to be lawful with arins to repel him who kill inortal offenders in their notorious cometh to expel, with arins against thie crimes, or to follow them from town to peace, that, by arms of defence and town with lue 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 farther manifested in The late unha py tumults prove, :10 our old law books and statutes; as in the thesc principles of the English constituie Westminster Primer, cap. xvii. on the tion are as necessary to be enforced at case wlien any cattle are unlawfully taken present as ever they were; for, had they and driven into any castle or struiry.hold, not been fatally neglected and disused, &c. « Le Visct. ou le Bailile prise ove the abandoned rioters would have been luy poyar de son coumtie, ou de sa Bail', quelled and secured by the neighbouring et voile assaier de faire de ceo 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 shcriitor the bailiff shall take vanced towards the city, if the proper with him the power ot his county, or of barriers had been reserved, the citizens bis bailiwick, and shall endeavour to would have had time to get under arnis, make replevin" (or recovery) “ of the to support their own magistrates in secila cattle 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 *Nota: every man is bound by the con. justified an immediate discharge of firemon-law to assist not only the sherile in arms, or other weapons, ayninst the his office for the execution of the king's assailants, without waiting for the comwrits, (which are the coinmandments of mand of a peace-officer: and, as tic in. the king,) according to law; but also habitants of each city and county are his baily, ibat hath the sherifie's warrant required to make good the damages suso in that behalfe, hath the same authority," tained on such occasions by prirare india &c. (2 Inst. p. 193.)
viduals, it is plain that the inhabitants The attack of a casile or place of arms, themselves, in their collective capaciiy, must require disciplined troops; and do form that proper power, from which therefore it was certainly necessary that the law requires the prevention of such "every man" so bound by the commonle damages, and the support and defence of law to assist, should be trained to arms, the civil magistrates: for, otherwise, the in order to fulfil his 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 noi 64.) remarks, that “the strength con. occasion, in these modern times, to arm sisted of the freemen; and, thonyho many and train the inhabitants of England, were bound by tenure 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 loound greater and more powerful the standing to keep armis, for the preservation of the army is, so much more necessary is it kingdom, their lords, and their own pere that there should be a proper balance to sons; and these they might neither pawll that power, to prevenit ang ill effects nor sell, but leave thein to descend to from it: thourli there is one bad effect, their heirs, &c.
which the balance (howsoever perfect The common-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 wiihdrew 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 Englishnan, 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 “arins 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 armies;" 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 unkuown, and the judge, by asserting that ground-, indeed, to our ancestors in very early less circumstance, seemed inclined to inje times, but chey were happily opposed by sinuate, that the withdrawing the armies them, and declared illegal. A remarkac 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, (Cala The great and noble Canute reapert 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 his 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 mi, 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 bue in this kingdom in peace, kept, notwithried at Winchester with royal pomp standing, (for the better continuance (regio more, ib. p. 409): and his two 90115 thereof great arinies within this realın," also, who separately succeeded him, died [Yet Bracton was more wise and honour. likewise kings of England, for thev lose able than to conceive or hint that great noi the kingdom but by natural deaths, armies, so kept by the king, were proper and the want of beirs. instruments " for the better continuance Happy would it have been for Eng. of peace;" for he says no such thing, this land, had all succeeding kings been as being only a disloyal conceit of some wise and truly politic as the great Canute, modern judge, concerned in the argument who feared not to commit the care of his 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 nobles of England, distasting this laws and limited constitution of this government by arins and armies, kingdom. (odimus accipitrem, quia semper vivit in T he old English maxim, however, armis,) wisely and politiquely persuaded against “ a government by arms and ar. the king, that they would provide for the mies," ought never to be forgotten; safety of him and his people, and yet his “ Odiinus 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, ARCHBISITOP OF CANTERBURY. as he would oftea swear that he had not one W E was infamous in life, altogether penny upon the earth, and yet, by a keye
IT unlearned, of heavý judgment and which he did wear about lis neck, great 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. Death 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 BANKERS.
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 several colours, trade of banking began in 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 figures ; 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 convenienco perhaps a third part of this within the for water. A work or great cost and lacountry, but puts it out in the neighbour. bour, and which shewed the excellency ug estates.
of much lost art. SUPERSTITION.
GREATEAKES, THE STROACI.R. I heard a Capuchin preach here ; it About this time (1665) the lame 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 chat 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, of Enge transport, took it in his arms and hugged lish extraction; and sometime a lieutenant it, and kissed it. But I observed that be. in Colonel Farr's regiment. He was masfore he kissed it, he, seeing some dust on ter of a compeient estate, and performed it, blew it off very 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 iniittitudes tollowed saw none shed.
him as only they could believe who save CROMWELL.
them, he was said to adınire himself the Prince Cromwell, who was now wholly gift which he had. Had he stayed among out of action, having laid his scene in the ignorent Irish, his fame might have the counties and boroughs tor elections continued longer; but the infidelity of to the ensuing Parliament, gave bimself the English, made him otien fail in his and the town a little recreation. It wap. divinity, and his reputation once blepened on a Friday in July, that, desirous mishel, his healing mystery soon vanished. to divert himself with driving of luus JAMES NAYLOR, THE QUAKER coach and six horses in Hyde Park, with
ENTHUSIAST. bis secretary Thurlow in it, like Me- James Naylor, a quaker, who, resem. pliistophilus 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 horses, since rational creatures as the setting of the beard and locks in were so unruly and diilicult to be reined; the same fashion, dared to counterfeit like another Phaëton, be fell, in the expee our blessed Lord. To this purpose be 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 presayious 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 leu Bald Bath-turd, three Holy, holy, holy, Hosanna, &c. For this they were seized by the magistrates, tum velatum, the second Christum re. and, being complained of to the parlia- velatum : Christ veiled, and revealed. It ment, were brought up to towni, into is a book of books, and doth contain both which (as in all places) they entered singe precepts and examples for goud govern. in the same blaspbemies. At the bar of ment. the House, in December (1656) he was 3. Here is a sceptre not unlike a staff, sentenced to be set in the pillory twice, for you are to be a staff to the weak and and whipt iwice, and his forebead lo be poor; it is of ancient use in this kind. stigmatized with the letter B. and bored It is said in Scripture, that the sceptre through the tongue ; with which he used shall not depart from Judah. It was of to answer to any question, Thou hast said the like use in other kingdoins. Homer, it, and the like. He was likewise wbipt the Greek poet, calls kings and princes, at Bristol, and thence returned to New. sceptre-bearers. gate. One Mr. Rich (a merchant of cre. 4. The last thing is a sword, not a mi. dit) that held hun by the band while he litary, but civil sword: it is a sword rather vas in the pillories, with divers others, of defence than offence; not to defend licked his wounds. The women were obe yourself only, but your people also. IfI served some to lay their head in his lap, might presume to fix a motto upon this Tying against his feet, others to lean it up- sword, as the valiant Lord Talbot bad on his shoulders, &c. After three days upon his, it should be this, Ego sum wilful abstinence, having weakened him. Domini Protectoris, ad protegendum, po. self even unto death, he begged some pulum meum. “I am the Protector's, lo victuals; and then was set to work, which protect my people." he performed, and came by degrees to This speech being ended, the speaker himself and to reducrion. At the return took the bible, and gave the Pro. of the Rump, he got bis liberty, but sur. tector his oath : afterwards Mr. Manton vived it not ; his additional pretended made a prayer, which being ended. divinity having attenuated and wasted the heralds, by sound of trumpet his hunanity, and that body sublimed proclaimed bis bighness Protector of and prepared for miracles, went the way England, Sculand, and Ireland, and ot all fesh.
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 thereof stood the Lord Mayor Sherard, Warwick's nephew, and the Titchbouror, and the Dutch ambassador; Lord Roberts, his eldest son, returned; the the French ambassador, and the Earl of Earl of Warwick sirring at one end of Warwick, on the right; next behind him the coach aguinst 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 Whitehall. Thomas Whiddrington) in the name of RIDICULOUS SUPERSTITION AND IGNOthe parliament, presented to him a robe
RANCE OF DR. FULK: ut purple velvet, a bible, a sword, and a Who re ateth in bis book of Meteors, sceptre; at the delivery of these things, that ihe 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 into 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
JOHN TAYLOR. put on this vestment, I may say you are This poet was a native of Gloucestera gownman, This rube is of a mixt co. shire, a man of great natural parts, but lour, to shew the inixture of justice and little education. He wrote several poems mercy. Todeed, 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
9. 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 Chris. days, obliged hiin lo pull it down ; upon