Charles II, 1661
An Act declaring the sole Right of the Militia to be in King and for the present ordering & disposing the same.

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History of Parliament Trust

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Author

John Raithby (editor)

Year published

1819

Pages

308-309

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'Charles II, 1661: An Act declaring the sole Right of the Militia to be in King and for the present ordering & disposing the same.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 308-309. URL: http://www.british-history.ac.uk/report.aspx?compid=47290 Date accessed: 22 October 2014.


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Recital that the Command of the Militia, and of all Forces by Sea and Land, is the undoubted Right of His Majesty;

and that an Act is under Consideration touching the Militia. Militia and Land Forces to be exercised as usual.

Foresmuch as within all His Majesties Realmes and Dominions the sole Supreme Government Command and Disposition of the Militia and of all Forces by Sea and Land and of all Forts and Places of strength is and by the Lawes of England ever was the undoubted Right of His Majesty and His Royall Predecessors Kings & Queenes of England and that both or either of the Houses of Parliament cannot nor ought to pretend to the same nor can nor lawfully may raise or leavy any Warr Offensive or Defensive against His Majesty His Heires or lawfull Successors and yet the contrary thereof hath of late yeares beene practised almost to the Ruine and Destruction of this Kingdome and during the late Usurped Governments many evill and rebellious Principles have beene distilled into the minds of the People of this Kingdome which unlesse p[re]vented may breake forth to the disturbance of the Peace and Quiet thereof And whereas an Act is under considerac[i]on for exercising the Militia with most safety and ease to the King and His People which Act cannot as yet be perfected Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords & Commons assembled in Parliament That the Militia and Land Forces of this Kingdome and of the Dominion of Wales and Towne of Berwicke upon Tweed now under the power of Leiutennants or their Deputies shall be exercised ordered and managed untill the five & twentieth day of March next ensuing in such manner as the same now is actually exercised ordered and managed according to such Commissions and Instructions as they formerly have or from time to time shall receive from His Majesty

II. Recital that Insurrections have been.

Persons who have acted by Commission of Lieutenancy indemnified.; Magistrates, &c. indemnified in respect of Proceedings against Offenders, from 24th June 1660 to 20th July 1661.

And whereas since the twenty fourth of June One thousand six hundred and sixty there have beene [Inserrections (fn. 2) ] by occasion whereof diverse of His Majesties good Subjects have beene murdered and for the securing the Peace of the Nation and preventing further disorders diverse persons suspected to be Fanaticks Sectaries or Disturbers of the Peace have beene assaulted arrested detained or imprisoned and diverse Armes have been seized and Houses searched for Armes or suspected persons Bee it therefore further Enacted by the Authority aforesaid That all and every person and persons whoe have or shall have acted or done any thing in execution of any Commission or Commissions of Leiutenancy issued by the Kings Majesty that nowe is or by colour of them or any of them [or (fn. 3) ] touching or concerning the same or any of them or relating thereunto shalbe and are hereby saved harmelesse and undempnified in this behalfe and alsoe all Magistrates Justices of the Peace Officers and Ministers of Justice and all persons that have or shall have acted by or under them or by theire or any of theire Commands since the said twenty fourth day of June One thousand six hundred and sixty untill the twentieth day of July One thousand six hundred sixty and one as to any assaulting arresting detaining or imprisoning any person suspected to be Fanatick Sectary or Disturber of the Peace or seizing of Armes or searching of Houses for Armes or for suspected persons shall be and are hereby saved harmelesse and indempnified in that behalfe

III. Proviso for Counties, &c. overcharged.

Provided That neither this Act nor any thing therein contained shall after the five and twentieth of March next be prejudiciall to any County Citty or place within this Kingdome which are overcharged with Men and Armes beyond theire ancient proportion

IV. Proviso against compelling Subjects to go out of the Kingdom.

Provided That neither this Act nor any matter or thing therein contained shall bee deemed construed or taken to extend to the giving or declaring of any Power for the transporting of any the Subjects of this Realme or any way compelling them to march out of this Kingdome otherwise then by the Lawes of England ought to be done

V. Lieutenants, Deputy Lieutenants, Officers, &c. to take the Oaths of Allegiance and Supremacy.

Provided That no person whatsoever shall be capable of acting as Leiutenant [or Deputy Leiutenant (fn. 4) ] or other Officer or Souldier by vertue of this Act who hath not already taken the Oathes of Allegiance and Supremacy since the return of His Majesty into England untill he shall take the same according to the Lawes and Statutes of this Kingdome Which Oathes the Lords of His Privy Councell or any six of them are hereby impowred to administer to any Peer of this Realm whoe shall be commissionated by vertue of this Act and the Deputy Leiutenants or any two of them in theire respective Counties to any Commoner.

Footnotes

1 the O.
2 Insurrections O.
3 interlined on the Roll.
4 interlined on the Roll.