Militia (English) - Political Issues

Political Issues

Up until the Glorious Revolution in 1688, the Crown and Parliament were in strong disagreement. The English Civil War left a rather unusual military legacy. Both Whigs and Tories distrusted the creation of a large standing army not under civilian control. The former feared that it would be used as an instrument of royal tyranny. The latter had memories of the New Model Army and the anti-monarchical social and political revolution that it brought about. Consequently, both preferred a small standing army under civilian control for defensive deterrence and to prosecute foreign wars, a large navy as the first line of national defence, and a militia composed of their neighbours as additional defence and to preserve domestic order.

Consequently, the English Bill of Rights (1689) declared, amongst other things: "that the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law..." and "that the subjects which are Protestants may have arms for their defense suitable to their conditions and as allowed by law." This implies that they are fitted to serve in the militia, which was intended to serve as a counterweight to the standing army and preserve civil liberties against the use of the army by a tyrannical monarch or government.

The Crown still (in the British constitution) controls the use of the army. This ensures that officers and enlisted men swear an oath to a politically neutral head of state, and not to a politician. While the funding of the standing army subsists on annual financial votes by parliament, the Mutiny Act is also renewed on an annual basis by parliament. If it lapses, the legal basis for enforcing discipline disappears, and soldiers lose their legal indemnity for acts committed under orders.