or that the sole supreme government and command of
the militia within all his majesty's realms and dominions, and of all
forces by sea and land, and of all forts and places of strength, ever
was and is the undoubted right of his majesty, and his royal
predecessors, kings and queens of England; and that both or either
house of parliament cannot, nor ought to, pretend to the same.

THIS statute, it is obvious to observe, extends not only to fleets and
armies, but also to forts, and other places of strength, within the
realm; the sole prerogative as well of erecting, as manning and
governing of which, belongs to the king in his capacity of general of
the kingdom[o]: and all lands were formerly subject to a tax, for
building of castles wherever the king thought proper. This was one of
the three things, from contributing to the performance of which no
lands were exempted; and therefore called by our Saxon ancestors the
_trinoda necessitas: sc. pontis reparatio, arcis constructio, et
expeditio contra hostem_[p]. And this they were called upon to do so
often, that, as sir Edward Coke from M. Paris assures us[q], there
were in the time of Henry II 1115 castles subsisting in England. The
inconvenience of which, when granted out to private subjects, the
lordly barons of those times, was severely felt by the whole kingdom;
for, as William of Newbury remarks in the reign of king Stephen,
"_erant in Anglia quodammodo tot reges vel potius tyranni, quot domini
castellorum_:" but it was felt by none more sensibly than by two
succeeding princes, king John and king Henry III. And therefore, the
greatest part of them being demolished in the barons' wars, the kings
of after times have been very cautious of suffering them to be rebuilt
in a fortified manner: and sir Edward Coke lays it down[r], that no
subject can build a castle, or house of strength imbatteled, or other
fortress defensible, without the licence of the king; for the danger
which might ensue, if every man at his pleasure might do it.

[Footnote o: 2 Inst. 30.]

[Footnote p: Cowel's interpr. _tit. castellorum operatio_. Seld. _Jan.
Angl._ 1. 42.]

[Footnote q: 2 Inst. 31.]

[Footnote r: 1 Inst. 5.]

TO this branch of the prerogative may be referred the power vested in
his majesty, by statutes 12 Car. II. c. 4. and 29 Geo. II. c. 16. of
prohibiting the exportation of arms or ammunition out of this kingdom,
under severe penalties: and likewise the right which the king has