Militia Ordinance
Encyclopedia
The Militia Ordinance was a piece of legislation passed by the Long Parliament
of England
in March 1642, which was a major step towards the Civil War
between the King and Parliament
of England. Previously the King had the sole right to appoint the Lord Lieutenants
, who were in charge of the county militias (also known as the trained bands). These militias were the only land forces available in peacetime, because England had no regular standing army. As relations between King and Parliament deteriorated, control of the militia became a very controversial issue. After Charles I
attempted to arrest five members of the Commons and one Lord in January 1642, Parliament did not trust him and tried to deny him control of any military forces which he could use against them. On 5 March 1642 the anti-royalist majority in the House of Lords
passed an Ordinance appointing their choice of Lieutenants, although a royalist minority protested (House of Lords Journal, 5 March 1642). The House of Commons
agreed to the Ordinance the same day (House of Commons Journal, 5 March 1642), but according to English custom no legislation could become law until it received the royal assent
. The King refused to give his assent to the bill, but on 15 March 1642 Parliament declared that "the People are bound by the Ordinance for the Militia, though it has not received the Royal Assent" (House of Lords Journal, 15 March 1642). This was the first time that Parliament had ever put a law into effect without royal assent. Such an unprecedented assertion of Parliamentary sovereignty made war far more likely.
The Militia Ordinance and the King's Commissions of Array
were statements of intent and tests of loyalty but had little practical impact on the raising of armies. The main Parliamentarian army commanded by the Earl of Essex
was formed entirely with regular regiments raised from volunteers who enlisted in the summer of 1642. Local trained bands often had divided loyalties or refused to serve outside their own counties. The biggest exception was the London Militia, which was placed under the control of the London Militia Committee by the Militia Ordinance. London
was by far the most populous city in England and had a large and well trained militia. The London trained bands marched out to link up with Essex's army at Turnham Green in November 1642, blocking a royalist advance on London. In subsequent years London trained bands regiments were used to reinforce the armies of the Earl of Essex and Sir William Waller
, and the Essex
trained bands took part in the siege of Reading
in 1643. The Long Parliament
continued to pass and enforce Ordinances without the royal assent throughout the 1640s. Most of these were declared void after the Restoration
, but Charles II
continued the excise duty, which was originally brought in by an Ordinance of Parliament in 1643 (Wheeler, 1999:148).
Long Parliament
The Long Parliament was made on 3 November 1640, following the Bishops' Wars. It received its name from the fact that through an Act of Parliament, it could only be dissolved with the agreement of the members, and those members did not agree to its dissolution until after the English Civil War and...
of England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
in March 1642, which was a major step towards the Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
between the King and Parliament
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
of England. Previously the King had the sole right to appoint the Lord Lieutenants
Lord Lieutenant
The title Lord Lieutenant is given to the British monarch's personal representatives in the United Kingdom, usually in a county or similar circumscription, with varying tasks throughout history. Usually a retired local notable, senior military officer, peer or business person is given the post...
, who were in charge of the county militias (also known as the trained bands). These militias were the only land forces available in peacetime, because England had no regular standing army. As relations between King and Parliament deteriorated, control of the militia became a very controversial issue. After Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
attempted to arrest five members of the Commons and one Lord in January 1642, Parliament did not trust him and tried to deny him control of any military forces which he could use against them. On 5 March 1642 the anti-royalist majority in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
passed an Ordinance appointing their choice of Lieutenants, although a royalist minority protested (House of Lords Journal, 5 March 1642). The House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
agreed to the Ordinance the same day (House of Commons Journal, 5 March 1642), but according to English custom no legislation could become law until it received the royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
. The King refused to give his assent to the bill, but on 15 March 1642 Parliament declared that "the People are bound by the Ordinance for the Militia, though it has not received the Royal Assent" (House of Lords Journal, 15 March 1642). This was the first time that Parliament had ever put a law into effect without royal assent. Such an unprecedented assertion of Parliamentary sovereignty made war far more likely.
The Militia Ordinance and the King's Commissions of Array
Commission of Array
A Commission of Array was a commission given by English royalty to officers or gentry in a given territory to muster and array the inhabitants and to see them in a condition for war, or to put soldiers of a country in a condition for military service...
were statements of intent and tests of loyalty but had little practical impact on the raising of armies. The main Parliamentarian army commanded by the Earl of Essex
Robert Devereux, 3rd Earl of Essex
Robert Devereux, 3rd Earl of Essex was an English Parliamentarian and soldier during the first half of the seventeenth century. With the start of the English Civil War in 1642 he became the first Captain-General and Chief Commander of the Parliamentarian army, also known as the Roundheads...
was formed entirely with regular regiments raised from volunteers who enlisted in the summer of 1642. Local trained bands often had divided loyalties or refused to serve outside their own counties. The biggest exception was the London Militia, which was placed under the control of the London Militia Committee by the Militia Ordinance. London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
was by far the most populous city in England and had a large and well trained militia. The London trained bands marched out to link up with Essex's army at Turnham Green in November 1642, blocking a royalist advance on London. In subsequent years London trained bands regiments were used to reinforce the armies of the Earl of Essex and Sir William Waller
William Waller
Sir William Waller was an English soldier during the English Civil War. He received his education at Magdalen Hall, Oxford, and served in the Venetian army and in the Thirty Years' War...
, and the Essex
Essex
Essex is a ceremonial and non-metropolitan county in the East region of England, and one of the home counties. It is located to the northeast of Greater London. It borders with Cambridgeshire and Suffolk to the north, Hertfordshire to the west, Kent to the South and London to the south west...
trained bands took part in the siege of Reading
Reading, Berkshire
Reading is a large town and unitary authority area in England. It is located in the Thames Valley at the confluence of the River Thames and River Kennet, and on both the Great Western Main Line railway and the M4 motorway, some west of London....
in 1643. The Long Parliament
Long Parliament
The Long Parliament was made on 3 November 1640, following the Bishops' Wars. It received its name from the fact that through an Act of Parliament, it could only be dissolved with the agreement of the members, and those members did not agree to its dissolution until after the English Civil War and...
continued to pass and enforce Ordinances without the royal assent throughout the 1640s. Most of these were declared void after the Restoration
English Restoration
The Restoration of the English monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the Interregnum that followed the Wars of the Three Kingdoms...
, but Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
continued the excise duty, which was originally brought in by an Ordinance of Parliament in 1643 (Wheeler, 1999:148).