we are not to imagine that the kingdom was left
wholly without defence, in case of domestic insurrections, or the
prospect of foreign invasions. Besides those, who by their military
tenures were bound to perform forty days service in the field, the
statute of Winchester[g] obliged every man, according to his estate
and degree, to provide a determinate quantity of such arms as were
then in use, in order to keep the peace: and constables were appointed
in all hundreds to see that such arms were provided. These weapons
were changed, by the statute 4 & 5 Ph. & M. c. 2. into others of more
modern service; but both this and the former provision were repealed
in the reign of James I[h]. While these continued in force, it was
usual from time to time for our princes to to [Transcriber's Note:
duplicate word] issue commissions of array, and send into every county
officers in whom they could confide, to muster and array (or set in
military order) the inhabitants of every district: and the form of the
commission of array was settled in parliament in the 5 Hen. IV[i]. But
at the same time it was provided[k], that no man should be compelled
to go out of the kingdom at any rate, nor out of his shire but in
cases of urgent necessity; nor should provide soldiers unless by
consent of parliament. About the reign of king Henry the eighth, and
his children, lord lieutenants began to be introduced, as standing
representatives of the crown, to keep the counties in military order;
for we find them mentioned as known officers in the statute 4 & 5 Ph.
& M. c. 3. though they had not been then long in use, for Camden
speaks of them[l], in the time of queen Elizabeth, as extraordinary
magistrates constituted only in times of difficulty and danger.

[Footnote g: 13 Edw. I. c. 6.]

[Footnote h: Stat. 1 Jac. I. c. 25. 21 Jac. I. c. 28.]

[Footnote i: Rushworth. part 3. pag. 667.]

[Footnote k: Stat. 1 Edw III. st. 2. c. 5 & 7. 25 Edw. III. st. 5. c.
8.]

[Footnote l: Brit. 103. Edit. 1594.]

IN this state things continued, till the repeal of the statutes of
armour in the reign of king James the first: after which, when king
Charles the first had, during his northern expeditions, issued
commissions of lieutenancy and exerted some military powers which,
having been long exercised, were thought to belong to the crown, it
became a question in the long parliament, how far the power of the
militia did inherently reside in the king; being now unsuppor