[1661/1/24]¹

Act for his majesty's prerogative in the militia

The estates of parliament, considering the great happiness that this kingdom has for many ages enjoyed under the princely government of their royal kings, who by the special blessing of Almighty God have reigned over them in so long and unparalleled series of royal descents; and the obligation thereby lying upon them in conscience, honour and gratitude, to own and assert the royal prerogatives of the imperial crown of this kingdom, which the king's majesty holds from God Almighty alone, and to vindicate the same from these invasions, which by the malice or specious pretexts of ill-affected persons, and the confusions and disorders of the late times have been made upon it, do therefore declare that the power of arms and making of peace and war or treaties and leagues with foreign princes or estates, does properly reside in the king's majesty, his heirs and successors, and that it was and is their undoubted right and theirs alone to have the power of raising in arms the subjects of this kingdom, and of the commanding, ordering and disbanding, or otherwise disposing thereof, and of all strengths, forts or garrisons within the same as they shall think fit; the subjects always being free of the provisions and maintenance of these forts and armies, unless the same be concluded in parliament or convention of estates. Likewise the king's majesty, with advice and consent foresaid, does hereby declare that it is and shall be high treason to the subjects of this kingdom or any number of them more or less, upon any ground or pretext whatsoever, to rise or continue in arms, to maintain any forts, strengths or garrisons, or make peace or war, or to make any treaties or leagues with foreign princes or estates, or among themselves, without his majesty's special authority and approbation first interposed thereto; and does discharge all his majesty's subjects to offer upon any pretext whatsoever, to attempt the doing of any of these things hereafter, under the said pain of treason. And in further detestation of such unlawful and unwarrantable practices, the king's majesty, with advice and consent of his estates of parliament, does hereby rescind and annul all acts, statutes, ordinances or deeds passed or done in any parliaments, conventions or other meetings whatsoever, or any otherwise in so far as they are or may be contrary to or inconsistent with this present act; and declares the same (dispensing with the generality and holding all the particulars as word for word herein inserted) to be void and of no force nor effect in all time coming.