248
BC Plato: Laws
"Further,
at all seasons of the year, summer and winter alike, let them be under
arms and survey minutely the whole country; thus they will at once keep
guard, and at the same time acquire a perfect knowledge of every locality.
There can be no more important kind of information than the exact knowledge
of a mans own country; and for this as well as for more general
reasons of pleasure and advantage, hunting with dogs and other kinds of
sports should be pursued by the young. The service to whom this is committed
may be called the secret police, or wardens of the country; the name does
not much signify, but every one who has the safety of the state at heart
will use his utmost diligence in this service."
350
BC Aristotle: Politics
Book
3. "Hence in a constitutional government the fighting-men have the
supreme power, and those who possess arms are the citizens."
Book
5 "That tyranny has all the vices both of democracy and oligarchy
is evident. As of oligarchy so of tyranny, the end is wealth; (for by
wealth only can the tyrant maintain either his guard or his luxury). Both
mistrust the people, and therefore deprive them of their arms."
Book 7 IX "But on the other hand, since it is an impossible thing
that those who are able to use or to resist force should be willing to
remain always in subjection, from this point of view the persons are the
same; for those who carry arms can always determine the fate of the constitution."
1181 Assize of Arms
1.
Let every holder of a knight's fee have a hauberk, a helmet, a shield
and a lance. And let every knight have as many hauberks, helmets, shields
and lances, as he has knight's fees in his demise.
2.
Also, let every free layman, who holds chattals or rent to the value of
16 marks, have hauberk, a helmet, a shield, and a lance. Also, let every
free layman who holds chattals or rent worth 10 marks have an aubergel
and a headpiece of iron and a lance....
4.
Moreover, let each and every one of them swear before the feast of St.
Hilary he will possess these arms and will bear allegiance to the lord
king, Henry, namely the son of empress Maud, and that he will bear these
arms in his service according to his order and in allegiance to the lord
king and his realm..."
1505
Nicolo Machiavelli: The
Prince
Chapter
V "But when cities or countries are accustomed to live under a prince,
and his family is exterminated, they, being on the one hand accustomed
to obey and on the other hand not having the old prince, cannot agree
in making one from amongst themselves, and they do not know how to govern
themselves. For this reason they are very slow to take up arms, and a
prince can gain them to himself and secure them much more easily. But
in republics there is more vitality, greater hatred, and more desire for
vengeance, which will never permit them to allow the memory of their former
liberty to rest; so that the safest way is to destroy them or to reside
there."
1520
Nicolo Machiavelli: On
the Art of War
"Rome
remained free four hundred years while armed: Sparta eight hundred: Many
other Cities have been dis-armed, and have been free less than forty years;
for Cities have need of arms, and if they do not have arms of their own,
they hire them from foreigners, and the arms of foreigners more readily
do harm to the public good than their own; for they are easier to corrupt,
and a citizen who becomes powerful can more readily avail himself, and
can also manage the people more readily as he has to oppress men who are
disarmed."
1581
Junius Brutus: Defence
of Liberty Against Tyrants
"A
tyrant fills his garrisons with strange soldiers, builds citadels against
his subjects, disarms the people, throws down their forts, makes himself
formidable with guards of strangers, or men only fit for pillage and spoil,
gives pensions out of the public treasury to spies and calumniating informers,
dispersed through all cities and provinces. Contrariwise, a king reposes
more his safety in the love of his subjects than in the strength of his
fortresses against his enemies, taking no care to enroll soldiers, but
accounts every subject as a man-at-arms to guard him..."
1614 The
Politics of Johannes Althusius
CHAPTERS
XXIX-XXXVII "The care and handling of arms is twofold. One function
of it is exercised in time of peace, and the other in time of war.[20]
The care and handling of arms in time of peace is the programme by which
the citizens are trained in the arts of war at a time when there is no
war, or by which the science of waging war is demonstrated to subjects
and they are given practice in military exercises...."
1646
Richard Overton: An
Arrow Against All Tyrants
And
therefore notwithstanding such illegal censures and warrants either of
king or of Lords (no legal conviction being made) the persons invaded
and assaulted by such open force of arms may lawfully arm themselves,
fortify their houses (which are their castles in the judgement of the
law) against them; yea, disarm, beat, wound, repress and kill them in
their just necessary defence of their own persons, houses, goods, wives
and families, and not be guilty of the least offence..."
1651
Thomas Hobbes: Leviathan
"And
when the defence of the Commonwealth requireth at once the help of all
that are able to bear arms, every one is obliged; because otherwise the
institution of the Commonwealth, which they have not the purpose or courage
to preserve, was in vain..."
1651
John Milton: A
Defense of the People of England
"And
formerly when kings have refused to confirm acts of parliament, to wit,
Magna Charta and some others, our ancestors have brought them to it by
force of arms. And yet our lawyers never were of opinion, that those laws
were less valid, or less binding, since the king was forced to assent
to no more than what he ought in justice to have assented to voluntarily,
and without constraint."
1683 The Fundamental
Constitutions for the Province of East New Jersey in America
Article
VII "And on the other side, those who do judge it their duty to bear
arms for the publick defence, shall have their liberty to do in a legal
way."
!689 English Bill
of Rights
Declaration
that King James II subverted the laws and liberties of the kingdom...
#6
By causing several good subjects, being protestants, to be disarmed, at
the same time when papists were both armed and employed, contrary to law.
1776 Draft Constitution
for Virginia
"No
freeman shall be debarred the use of arms [within his own lands]."
1776 Virginia Declaration
of Rights
XIII
That a well regulated militia, composed of the body of the people, trained
to arms, is the proper, natural, and safe defense of a free state; that
standing armies, in time of peace, should be avoided as dangerous to liberty;
and that, in all cases, the military should be under strict subordination
to, and be governed by, the civil power.
1776 Declaration of
Independence
1776 Pennsylvania
Constitution
Article XIII That the people have a right to
bear arms for the defence of themselves and the state ; and as standing
armies in the time of peace are dangerous to liberty, they ought not to
be kept up; And that the military should be kept under strict subordination
to, and governed by, the civil power.
1776 Constitution
of North Carolina
XVII
That the people have a right to bear arms, for the defence of the State;
and, as standing armies, in time of peace, are dangerous to liberty, they
ought not to be kept up; and that the military should be kept under strict
subordination to, and governed by, the civil power.
1777 The Constitution
of New York
XL.
And whereas it is of the utmost importance to the safety of every State
that it should always be in a condition of defence; and it is the duty
of every man who enjoys the protection of society to be prepared and willing
to defend it; this convention therefore, in the name and by the authority
of the good people of this State, doth ordain, determine, and declare
that the militia of this State, at all times hereafter, as well in peace
as in war, shall be armed and disciplined, and in readiness for service.
1777 The Constitution
of Vermont
XV.
"That the people have a right to bear arms for the defence of themselves
and the State; and, as standing armies, in the time of peace, are dangerous
to liberty, they ought not to be kept up; and that the military should
be kept under strict subordination to, and governed by, the civil power."
1780 The Constitution of Massachusetts
Article XVII. The people have a right to keep
and to bear arms for the common defence. And as, in time of peace, armies
are dangerous to liberty, they ought not to be maintained without the
consent of the legislature; and the military power shall always be held
in an exact subordination to the civil authority, and be governed by it.
1781
Ratification of The Articles
of Confederation
1783
Ratification of The
Preliminary Articles of Peace
1787
The Constitutional Convention
1787 The Federalist
Papers
The Federalist Papers #46. Extravagant as the supposition is, let it however be made. Let a regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger. The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms. This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. Those who are best acquainted with the last successful resistance of this country against the British arms, will be most inclined to deny the possibility of it. Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. And it is not certain, that with this aid alone they would not be able to shake off their yokes. But were the people to possess the additional advantages of local governments chosen by themselves, who could collect the national will and direct the national force, and of officers appointed out of the militia, by these governments, and attached both to them and to the militia, it may be affirmed with the greatest assurance, that the throne of every tyranny in Europe would be speedily overturned in spite of the legions which surround it.
1787
The Anti-Federalist Papers
The Anti-Federalist Papers #28
Tyrants have never placed any confidence on a militia composed of freemen. Experience has taught them that a standing body of regular forces, whenever they can be completely introduced, are always efficacious in enforcing their edicts, however arbitrary; and slaves by profession themselves, are "nothing loth" to break down the barriers of freedom with a gout. No, my fellow citizens, this plainly shows they do not mean to depend upon the citizens of the States alone to enforce their powers. They mean to lean upon something more substantial and summary. They have left the appointment of officers in the breasts of the several States; but this appears to me an insult rather than a privilege, for what avails this right if they at their pleasure may arm or disarm all or any part of the freemen of the United States, so that when their army is sufficiently numerous, they may put it out of the power of the freemen militia of America to assert and defend their liberties, however they might be encroached upon by Congress. Does any, after reading this provision for a regular standing army, suppose that they intended to apply to the militia in all cases, and to pay particular attention to making them the bulwark of this continent? And would they not be equal to such an undertaking? Are they not abundantly able to give security and stability to your government as long as it is free? Are they not the only proper persons to do it? Are they not the most respectable body of yeomanry in that character upon earth? Have they not been engaged in some of the most brilliant actions in America, and more than once decided the fate of princes? In short, do they not preclude the necessity of any standing army whatsoever, unless in case of invasion? And in that case it would be time enough to raise them, for no free government under heaven, with a well disciplined militia, was ever yet subdued by mercenary troops.
1788 The Anti-Federalist Papers
Speech of Patrick Henry
Oh, Sir, we should have fine times indeed, if to punish tyrants, it were only sufficient to assemble the people. Your arms wherewith you could defend yourselves, are gone; and you have no longer an aristocratical; no longer democratical spirit. Did you ever read of any revolution in a nation, brought about by the punishment of those in power, inflicted by those who had no power at all? You read of a riot act in a country which is called one of the freest in the world, where a few neighbors cannot assemble without the risk of being shot by a hired soldiery, the engines of despotism. We may see such an act in America. A standing army we shall have also, to execute the execrable commands of tyranny: And how are you to punish them? Will you order them to be punished? Who shall obey these orders? Will your Mace-bearer be a match for a disciplined regiment?
1792
The Constitution of Kentucky
That the right of the citizens to bear arms in
defense of themselves and the State shall not be questioned.
1796 The Constitution
of Tennessee
Section
26th That the free men of this State have a right to keep and to bear
arms for their common defence.
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