| Abstract: | This article opens with a review of the important scholarship concerning the conflict over prerogative between the crown and parliament from mid 1641 through the winter of 1642. The resulting impasse was over which of these institutions would control the militia. This article argues that the Militia Ordinance committee was committed to ‘the legal process’ in developing its directive of March 1642. The balance of the study reviews the medieval Statute of Praemunire, its subsequent development, and how that law would have provided an essential basis for the parliament to assume control of the militia. The article concludes that the Long Parliament acted legally with the Great Statute of Praemunire as a reference point for the adoption of the Militia Ordinance. This conclusion rests on five evidentiary considerations: (i) surviving texts of Commons’ private diarists; (ii) the probable role of John Selden in the Militia Ordinance committee deliberations; (iii) the September 1642 publication of John Marsh's An Argument Or, Debate In Law of the Great Question Concerning the Militias; (iv) proposition five of the Nineteen Propositions; and (v) language parallels between the 1393 Great Statute and the Militia Ordinance itself. |
