Origins

The obligation to serve in the militia in England derives from a common law

Common law

Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 tradition, and dates back to Anglo-Saxon

Anglo-Saxons

Anglo-Saxon is a term used by historians to designate the Germanic tribes who invaded and settled the south and east of Great Britain beginning in the early 5th century AD, and the period from their creation of the English nation to the Norman conquest. The Anglo-Saxon Era denotes the period of...

 times. The tradition was that all able-bodied males were liable to be called out to serve in one of two organisations.These were the posse comitatus

Posse comitatus (common law)

Posse comitatus or sheriff's posse is the common-law or statute law authority of a county sheriff or other law officer to conscript any able-bodied males to assist him in keeping the peace or to pursue and arrest a felon, similar to the concept of the "hue and cry"...

, an ad hoc assembly called together by a law officer to apprehend lawbreakers, and the fyrd, a military body intended to preserve internal order or defend the locality against an invader. The latter developed into the militia, and was usually embodied by a royal warrant

Royal Warrant

Royal warrants of appointment have been issued for centuries to those who supply goods or services to a royal court or certain royal personages. The warrant enables the supplier to advertise the fact that they supply to the royal family, so lending prestige to the supplier...

. Obviously, service in each organisation involved different levels of preparedness.

Sixteenth and seventeenth centuries

With the decay of the feudal system and the military revolution of the sixteenth century, the militia began to become an important institution in English life. It was organized on the basis of the shire county

Historic counties of England

The historic counties of England are subdivisions of England established for administration by the Normans and in most cases based on earlier Anglo-Saxon kingdoms and shires...

, and was one of the responsibilities of the Lord Lieutenant

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...

, a royal official (usually a trusted nobleman). Each of the county hundreds

Hundred (division)

A hundred is a geographic division formerly used in England, Wales, Denmark, South Australia, some parts of the United States, Germany , Sweden, Finland and Norway, which historically was used to divide a larger region into smaller administrative divisions...

 was likewise the responsibility of a Deputy Lieutenant

Deputy Lieutenant

In the United Kingdom, a Deputy Lieutenant is one of several deputies to the Lord Lieutenant of a lieutenancy area; an English ceremonial county, Welsh preserved county, Scottish lieutenancy area, or Northern Irish county borough or county....

, who relayed orders to the justices of the peace or magistrates. Every parish furnished a quota of eligible men, whose names were recorded on muster rolls

Muster (military)

The term muster designates the process or event for the of accounting for members in a military unit. Within the United States Army Reserve, it is an annual event used for screening purposes.-Historical:...

. Likewise, each household was assessed for the purpose of finding weapons, armour, horses, or their financial equivalent, according to their status. The militia was supposed to be mustered

Muster (military)

The term muster designates the process or event for the of accounting for members in a military unit. Within the United States Army Reserve, it is an annual event used for screening purposes.-Historical:...

 for training purposes from time to time, but this was rarely done. The militia regiments were consequently ill-prepared for an emergency, and could not be relied upon to serve outside their own counties.

This state of affairs concerned many people. Consequently, an elite force was created, composed of members of the militia who were prepared to meet regularly for military training and exercise. These were formed into trained band regiments, particularly in the City of London

City of London

The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...

, where the Artillery Garden was used as a training ground. The trained bands performed an important role in the English Civil War

English Civil War

The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...

 on the side of parliament, in marching to raise the siege of Gloucester

Gloucester

Gloucester is a city, district and county town of Gloucestershire in the South West region of England. Gloucester lies close to the Welsh border, and on the River Severn, approximately north-east of Bristol, and south-southwest of Birmingham....

 (5 September 1643).

Except for the London trained bands, both sides in the Civil War made little use of the militia, preferring to recruit their armies by other means.

Militia in the English Empire

Successful English settlement of North America, where little support could be provided by regular forces, began to take place in 1607, in the face of Spain's determination to prevent England establishing a foothold in territory it claimed for itself. The settlers also had to contend with frequently, and justifiably, hostile native populations. It was immediately necessary to raise militia amongst the settlers. The militia in Jamestown

Jamestown, Virginia

Jamestown was a settlement in the Colony of Virginia. Established by the Virginia Company of London as "James Fort" on May 14, 1607 , it was the first permanent English settlement in what is now the United States, following several earlier failed attempts, including the Lost Colony of Roanoke...

 saw constant action against the Powhatan Federation

Powhatan

The Powhatan is the name of a Virginia Indian confederation of tribes. It is estimated that there were about 14,000–21,000 of these native Powhatan people in eastern Virginia when the English settled Jamestown in 1607...

 and other native polities. In the Virginia Company

London Company

The London Company was an English joint stock company established by royal charter by James I of England on April 10, 1606 with the purpose of establishing colonial settlements in North America.The territory granted to the London Company included the coast of North America from the 34th parallel ...

's other outpost, Bermuda

Bermuda

Bermuda is a British overseas territory in the North Atlantic Ocean. Located off the east coast of the United States, its nearest landmass is Cape Hatteras, North Carolina, about to the west-northwest. It is about south of Halifax, Nova Scotia, Canada, and northeast of Miami, Florida...

, settled officially in 1612 (unofficially in 1609), the construction of defensive works was placed before all other priorities. A Spanish attack in 1614 was repulsed by two shots fired from the incomplete Castle Islands Fortifications

Castle Islands Fortifications, Bermuda

Several of the islands strung across the South entrance of Castle Harbour, Bermuda were fortified in the early days of the territory, hence the harbour's name. When official settlement of the archipelago by England began in 1612 the first permanent town, St...

 manned by Bermudian Militiamen

Bermuda Militias 1612-1815

Bermuda Militias 1612-1815Bermuda was settled inadvertently, in 1609, by the Virginia Company. Its first deliberate settlers arrived in 1612, aboard the Plough. The very first concern of the first Governor, Richard Moore, was the Colony's defences against an expected Spanish attack. He oversaw the...

. In the Nineteenth century, Fortress Bermuda would become Britain's Gibraltar of the West, heavily fortified by a Regular Army garrison to protect the Royal Navy's headquarters and dockyard in the Western Atlantic. In the 17th Century, however, Bermuda's defence was left entirely in the hands of the Militia. In addition to requiring all male civilians to train and serve in the militia of their Parish, the Bermudian Militia included a standing body of trained artillerymen to garrison the numerous fortifications which ringed New London (St. George's

St. George's, Bermuda

St. George's , located on the island and within the parish of the same names, was the first permanent settlement on the islands of Bermuda, and is often described as the third successful English settlement in the Americas, after St. John's, Newfoundland, and Jamestown, Virginia. However, St...

). This standing body was created by recruiting volunteers, and by sentencing criminals to serve as punishment. The Bermudian militiamen were called out on numerous occasions of war, and, on one notable occasion, to quell rioting privateers. In 1710, four years after Spanish and French forces seized the Turks Islands

Turks and Caicos Islands

The Turks and Caicos Islands are a British Overseas Territory and overseas territory of the European Union consisting of two groups of tropical islands in the Caribbean, the larger Caicos Islands and the smaller Turks Islands, known for tourism and as an offshore financial centre.The Turks and...

 from Bermudian salt producers in 1706, they were expelled by Bermudian privateers. Although the Bermudian force operated under a Letter of Marque, its members, as with all military age Bermudian males, were members of the militia. By this time, the 1707 Acts of Union

Acts of Union 1707

The Acts of Union were two Parliamentary Acts - the Union with Scotland Act passed in 1706 by the Parliament of England, and the Union with England Act passed in 1707 by the Parliament of Scotland - which put into effect the terms of the Treaty of Union that had been agreed on 22 July 1706,...

 had made Bermudian and other English militiamen British.

Political issues

Up until the Glorious Revolution

Glorious Revolution

The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...

 in 1688, the Crown

The Crown

The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...

 and Parliament were in strong disagreement. The English Civil War

English Civil War

The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...

 left a rather unusual military legacy. Both Whigs

British Whig Party

The Whigs were a party in the Parliament of England, Parliament of Great Britain, and Parliament of the United Kingdom, who contested power with the rival Tories from the 1680s to the 1850s. The Whigs' origin lay in constitutional monarchism and opposition to absolute rule...

 and Tories distrusted the creation of a large standing army

Standing army

A standing army is a professional permanent army. It is composed of full-time career soldiers and is not disbanded during times of peace. It differs from army reserves, who are activated only during wars or natural disasters...

 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

New Model Army

The New Model Army of England was formed in 1645 by the Parliamentarians in the English Civil War, and was disbanded in 1660 after the Restoration...

 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.

Eighteenth century and the Acts of Union

In 1707, the Acts of Union

Acts of Union 1707

The Acts of Union were two Parliamentary Acts - the Union with Scotland Act passed in 1706 by the Parliament of England, and the Union with England Act passed in 1707 by the Parliament of Scotland - which put into effect the terms of the Treaty of Union that had been agreed on 22 July 1706,...

 united the Kingdom of England

Kingdom of England

The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...

 with the Kingdom of Scotland

Kingdom of Scotland

The Kingdom of Scotland was a Sovereign state in North-West Europe that existed from 843 until 1707. It occupied the northern third of the island of Great Britain and shared a land border to the south with the Kingdom of England...

. The Scottish navy was incorporated into the Royal Navy. The Scottish military (as opposed to naval) forces merged with the English, with pre-existing regular Scottish regiments maintaining their identities, though command of the new British Army was from England. How this affected militias either side of the border is unclear.