News and Commentary

Wednesday, December 06, 2006

"The right to keep and bear arms would henceforth belong to all English subjects, rich and poor alike"

[...]
In 1668, the government of James was overturned in a peaceful uprising which came to be know as "The Glorious Revolution". Parliament resolved that James had abdicated and promulgated a Declaration of Rights, later enacted as the Bill of Rights. Before coronation, his successor William of Orange, was required to swear to respect these rights. The debates in the House of Commons over this Declaration of Rights focused largely upon the disarmament under the 1662 Militia Act. One member complained that "an act of Parliament was made to disarm all Englishmen, who the lieutenant should suspect, by day or night, by force or otherwise — this was done in Ireland for the sake of putting arms into Irish hands." The speech of another is summarized as "militia bill — power to disarm all England — now done in Ireland." A third complained "Arbitrary power exercised by the ministry. . . . Militia — imprisoning without reason; disarming — himself disarmed." Yet another summarized his complaints "Militia Act — an abominable thing to disarm the nation...." 22

The Bill of Rights, as drafted in the [British] House of Commons, simply provided that "the acts concerning the militia are grievous to the subject" and that "it is necessary for the public Safety that the Subjects, which are Protestants, should provide and keep arms for the common defense; And that the Arms which have been seized, and taken from them, be restored." 23 The House of Lords changed this to make it a more positive declaration of an individual right under English law: "That the subjects which are Protestant may have arms for their defense suitable to their conditions and as allowed by law." 24 The only limitation was on ownership by Catholics, who at that time composed only a few percent of the British population and were subject to a wide variety of punitive legislation. The Parliament subsequently made clear what it meant by "suitable to their conditions and as allowed by law". The poorer citizens had been restricted from owning firearms, as well as traps and other commodities useful for hunting, by the 1671 Game Act. Following the Bill of Rights, Parliament reenacted that statute, leaving its operative parts unchanged with one exception — which removed the word "guns" from the list of items forbidden to the poorer citizens. 25 The right to keep and bear arms would henceforth belong to all English subjects, rich and poor alike.
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From: The Right to Keep and Bear Arms - Report of Subcommittee on the Constitution, 97th United States Congress, February, 1982. [referenced in Resource Library - Historical Perspective]