infert,
magistratus qui ei bello praesint deliguntur._" _De bell. Gall._ _l._
6. _c._ 22.]
IT seems universally agreed by all historians, that king Alfred first
settled a national militia in this kingdom, and by his prudent
discipline made all the subjects of his dominion soldiers: but we are
unfortunately left in the dark as to the particulars of this his so
celebrated regulation; though, from what was last observed, the dukes
seem to have been left in possession of too large and independent a
power: which enabled duke Harold on the death of Edward the confessor,
though a stranger to the royal blood, to mount for a short space the
throne of this kingdom, in prejudice of Edgar Atheling, the rightful
heir.
UPON the Norman conquest the feodal law was introduced here in all
it's rigor, the whole of which is built on a military plan. I shall
not now enter into the particulars of that constitution, which belongs
more properly to the next part of our commentaries: but shall only
observe, that, in consequence thereof, all the lands in the kingdom
were divided into what were called knight's fees, in number above
sixty thousand; and for every knight's fee a knight or soldier,
_miles_, was bound to attend the king in his wars, for forty days in a
year; in which space of time, before war was reduced to a science, the
campaign was generally finished, and a kingdom either conquered or
victorious[e]. By this means the king had, without any expense, an
army of sixty thousand men always ready at his command. And
accordingly we find one, among the laws of William the conqueror[f],
which in the king's name commands and firmly enjoins the personal
attendance of all knights and others; "_quod habeant et teneant se
semper in armis et equis, ut decet et oportet; et quod semper sint
prompti et parati ad servitium suum integrum nobis explendum et
peragendum, cum opus adfuerit, secundum quod debent de feodis et
tenementis suis de jure nobis facere_." This personal service in
process of time degenerated into pecuniary commutations or aids, and
at last the military part of the feodal system was abolished at the
restoration, by statute 12 Car. II. c. 24.
[Footnote e: The Poles are, even at this day, so tenacious of their
antient constitution, that their pospolite, or militia, cannot be
compelled to serve above six weeks, or forty days, in a year. Mod.
Univ. Hist. xxxiv. 12.]
[Footnote f: c. 58. See Co. Litt. 75, 76.]
IN the mean time
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