Militia Act 1786

The Militia Act 1786 (26 Geo. 3. c. 107) was an act of the Parliament of Great Britain that consolidated acts relating to the Militia of Great Britain.

Militia Act 1786

Act of Parliament
Parliament of Great Britain
Long title	An Act for amending and reducing into one Act of Parliament the Laws relating to the Militia in that Part of Great Britain called England.
Citation	26 Geo. 3. c. 107
Territorial extent	Great Britain
Dates
Royal assent	27 June 1786
Commencement	27 June 1786[a]
Repealed	26 June 1802
Other legislation
Repeals/revokes	See § Repealed acts
Amended by	See § Repealed acts
Repealed by	Militia Act 1802
Relates to	Militia Act 1757
Status: Repealed
Text of statute as originally enacted

The act was noted by William Blackstone as going further than previous militia acts by providing the power of the Sovereign to shorten the prorogation of Parliament in case of certain emergencies.^[1]

Background

Following the restoration of Charles II in 1660, Parliament passed several acts empowering the lord-lieutenant of each county to appoint officers and raise men for the English Militia. In 1662, the City of London Militia Act 1662 (14 Cha. 2. c. 3) was passed, which codified the power of [lord-]lieutenants of places in England and Wales to raise the militia.

Following the formation of Kingdom of Great Britain in 1707, the English Militia was transformed into the British Militia. The militia's usefulness as a military force, never great, declined thereafter, until by the middle of the 18th century it required a major overhaul. This was achieved by the Militia Acts 1757–1762, passed as a response to the threat of a French invasion during the Seven Years' War.^[2]

Provisions

Section 95 of the act provided that "in all cases of actual invasion, or upon imminent danger thereof, and in all cases of rebellion or insurrection", the Sovereign could call out the militia and also summon Parliament back if they were adjourned or prorogued.^[3]

Repealed acts

Section 135 of the act repealed all previous militia acts of Parliament would be repealed on 24 September 1785, except those relating to London, Tower Hamlets, and Cinque Ports, with existing militias becoming subject to the new act's provisions.^[3]

Section 136 of the act provided that existing commissions granted under the repealed acts would remain valid, but officers must meet new qualification requirements and submit certificates of qualification to continue serving, and that any previous general and subdivision meetings held under the old laws would remain valid and future scheduled meetings would proceed as planned.^[3]

Legacy

In reaction to the refugee crisis from France following the bloodshed and upheaval caused by the French Revolution and Napoleonic rule,^[4] the King issued a royal proclamation on 1 December 1792 pursuant to section 95 of the act that "the utmost industry was still employed by evil-disposed persons within the kingdom, acting in concert with persons in foreign parts, with a view to subvert the laws and constitution; and that a spirit of tumult and disorder, thereby excited, had lately shown itself in acts of riot and insurrection — And that, these causes moving him thereto, his majesty had resolved forthwith to embody the militia of the kingdom".^[5] On the same day, the King issued another royal proclamation convening the Parliament (which stood prorogued until 3 January 1793),^[5] which met on 13 December 1792.^[1] This session resulted in the passing of the Aliens Act 1793 (33 Geo. 3. c. 4), which regulated immigration into the country.

The Select Committee on Temporary Laws described this act as a Consolidation Act.^[6]

The act was wholly repealed by the Militia Act 1802 (42 Geo. 3. c. 90), passed following the formation of the United Kingdom.

Notes

1. Section X.

References

1. Blackstone, William (1800). Commentaries on the Laws of England,: In Four Books. Vol. 1. A. Strahan. p. 187.
2. Western, John R. (1965). The English Militia in the Eighteenth Century: The Story of a Political Issue, 1660-1802. Routledge & K. Paul.
3. Britain, Great (1802). Statutes at Large ...: (43 v.) ... From Magna charta to 1800. Vol. 35. pp. 860–917.
4. Dinwiddy, J. R. (1968). "The Use of the Crown's Power of Deportation under the Aliens Act, 1793–1826". Bulletin of the Institute of Historical Research. 41 (104): 193–211. doi:10.1111/j.1468-2281.1968.tb01248.x.
5. Memoirs of the Reign of George III to the Session of Parliament Ending A.D. 1793. Vol. 4. pp. 500–501.
6. Commons, Great Britain Parliament House of (1803). Reports from Committees of the House of Commons which Have Been Printed by Order of the House: And are Not Inserted in the Journals [1715-1801. Vol. 14. pp. 34–118.