Gun Control & RKBA
In reply to the discussion: 2nd Am history: Until 1959, every law review article concluded it didn't guarantee an individ right [View all]jimmy the one
(2,708 posts)1939 Miller decision: "In all the colonies, as in England, the militia system was based on the principle of the assize of arms. This implied the general obligation of all adult male inhabitants to possess arms, and, with certain exceptions, to cooperate in the work of defence.
sarisataka: Note the wording, adult male inhabitants to possess arms. Not the militia, not to keep the lock under government control but to possess.
Note the wording above 'assize of arms' within what the 1939 supreme court wrote re miller case.
The Assize of Arms of 1181 was a proclamation of King Henry II of England concerning the obligation of all freemen of England to possess and bear arms in the service of king and realm and to swear allegiance to the king, on pain of "vengeance, not merely on their lands or chattels, but on their limbs".
The assize stipulated precisely the military equipment that each man should have according to his rank and wealth. The assize effectively revived the old Anglo‐Saxon fyrd {militia style} duty. The Assize established restrictions on weapon ownership by Jews, terms of inheritance, and prohibition of exports of arms, ships and timber. https://en.wikipedia.org/wiki/Assize_of_Arms_of_1181
Every knight was forced to arm himself with coat of mail, and shield and lance; every freeholder with lance and hauberk, every burgess and poorer freeman with lance and iron helmet. This universal levy of the armed nation was wholly at the disposal of the king for the purposes of defence.
... By his Assize of Arms Henry restored the Ancient Anglo-Saxon Militia System, and supplied the requisite counterbalance to the military power of the great feudatories, which, notwithstanding the temptation to avoid service by payment of scutage, they were still able and too willing to maintain.
The idea of militia goes back to English traditions beginning with the Assize of Arms in 1181: 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. This was further reinforced in 1285 with the Statute of Winchester in 1285: Every man shall have in his house arms for keeping the peace according to the ancient assize.https://angrystaffofficer.com/2017/03/20/a-short-history-of-the-militia-in-the-united-states/