July 1659: An Act for Setling the Militia for the City of London, and Liberties thereof.

July, 1659

[7 July, 1659.]

Names of Commissioners for London Militia.; Their powers.; Officers of Militia.

Be it Enacted by this present Parliament, and the Authority thereof, That Alderman Ireton Lord Mayor, and the Lord Mayor and Sheriffs of the City of London for the time being, Major Richard Salwey, Major General Philip Skippon, Isaac Penington Esq; Alderman Atkin, Alderman Andrews, Alderman Foot, Alderman Fowke, Alderman Dethick, Alderman Titchburne, Alderman Thomas Allen, Alderman Thompson, Alderman Milner, Alderman Love, Alderman Vincent, Alderman Laurence, Alderman Anthony Bateman, Mr. Nicholas Gold, Mr. Samuel Moyer, Colonel John Okey, Mr. Theophilus Biddulph, Colonel Owen Roe, Colonel Matthew Sheppard, Lieutenant Colonel John Fenton, Mr. Praise-God Barebone, Mr. Henry Brandrith, Mr. John Jackson, Captain Kiffin, Captain Henry Par, Mr. Humphrey Cliffe, Captain John Marriot, Mr. William Jelly, Captain Ostler, Captain Robert Mallory, Mr. Nicholas Skinner, Stephen Isles, Lieutenant Colonel Charles Doiley, Major Thomas Randall, Major Blunt Sadler, Mr. Joseph Sibley, Mr. James Rand, Colonel John Owen, Colonel William Webb, Mr. Robert Offley, Mr. Thomas Benson, Mr. Hugh Mason, Mr. Edward Raddon, Mr. Slingsby Bethell, Mr. Leppington, Captain Blennerhasset, Richard Downes, Captain William Meade, Captain Nicholas Roberts, Mr. Nicholas Juxon, Mr. Edward Bushel, Mr. William Dashwood, Mr. George Coney, Major John Childe, Methusa Turner, William Smith, Richard Eccleston, William Zankey, Major Robert Russel, George Gospright, Samuel Southen, Deputy Campfield, William Allin, Lieutenant Colonel Robert Price, Lieutenant Colonel Foach, Lieutenant Colonel John Mew, Captain Thomas Bourn, Captain Stephen Hemberey, Captain Oram, Major William Clement, Thomas Arnold Esq; Henry Barton, Mr. Joseph Holden, Captain John Owen, Major Jervase Blackwell, Captain Edward Story, Mr. Abraham Babbington, Mr. James Hughes. Richard Arnold, Mr. Clement Ireton, Mr. John Lawson, Mr. William Harrington, Lieutenant Colonel William Puckle, Richard Waring Esq; William Pennoyer Esq; Robert Barret, Nathaniel Manton, Mr. — Ross, Colonel Gower, Captain John Hinde; Mr. Richard Baker, Colonel George Langham, Mr. John Langley, Mr. Alexander Lawson, Captain Mark Coe, and Mr. Thomas Lenthall; Be, and are hereby Constituted and appointed Commissioners for the Militia of the City of London, and the Liberties thereof: And that they, or any Seven or more of them, shall have power, and are hereby authorized to Assemble and call together, all and every such well-affected person and persons, within the said City and Liberties thereof, as are meet and fit to bear Arms, and them well and sufficiently from time to time to cause to be Armed, Arrayed and Weaponed, and to form into Companies, Troops, and Regiments, and to Lead, Conduct, and Imploy, or cause to be Led, Conducted and Imployed, as well within the said City and Liberties thereof, as within and into any other places of this Commonwealth, for suppressing of all Insurrections, Rebellions and Invasions that may happen to be, and to fight with, kill, and slay such Enemies and Rebels, as they shall finde in Arms against this Commonwealth, and further to act and do according as they shall from time to time receive directions from the Parliament, or the Council of State, by the Parliament appointed or to be appointed; and that the said Commissioners, or any Seven or more of them, shall have Power and Authority to present to the Parliament, or Council of State, the names of such person and persons (having respect to the Qualifications declared by the Parliament) as they shall think fit, to be Colonels, Lieutenant Colonels, Majors, Captains, and other Commission Officers of the said Persons so to be Armed, Arrayed, and Weaponed, which Persons so presented and Approved of by the Parliament or Council of State, shall have Commissions signed by the Speaker of the Parliament as the Officers of the Army have; And, being so Commissionated, shall have Power to Train, Exercise, and put in readiness; and also to Lead and conduct the Persons so to be Armed, Arrayed, and Weaponed, by the Directions, and to the intents and purposes aforesaid. And for the Providing of Horse and Arms and the Furniture thereunto belonging, for the Arming and Weaponing the persons aforesaid; And also for the defraying and paying the necessary Charges thereunto belonging.

Commissioners may charge fit persons with horses, arms, etc.; No estate under £ 3,000 chargeable with horse and arms.; Nor under £ 400 with foot-arms.

Be it further Enacted, That the said Commissioners, or any Seven or more of them, have hereby Power and Authority to Assess and Charge all and every such Person and Persons, inhabiting and residing within the said City and Liberties thereof, or who have any Estate within the said City or Liberties thereof, proportionably, according to such Estates there, as are and shall be fit and Meet to be Assest and Charged, for the purposes aforesaid, for and towards the Finding, Furnishing, and Providing, Maintaining and having in readiness, one or more Horse or Horses, Arms or other Furniture, according to the several Estates and Abilities of the Persons to be Assessed and Charged: Provided that no one Person, not having an Estate of the clear value of Three thousand pounds, (of which the said Commissioners are to be Judges) be Charged or Chargeable with an Horse and Arms, and the Furniture thereunto belonging; and that no one Person. not having an Estate of the clear value of four hundred pounds, (of which also the said Commissioners are to be Judges) be charged or chargeable with a whole foot Arms and the furniture thereunto belonging.

Estates between £ 100 and £ 200 chargeable with ammunition, up to 20s.

Provided nevertheless, and be it Enacted, That all and every person or persons having an Estate of the clear value of One hundred pounds, and under the said value of Four hundred pounds, be chargeable by the said Commissioners, for and towards the finding and providing of Drums, Colours, Powder, Match and Bullet, so that such charge upon any one person exceed not the sum of Twenty shillings.

Imprisonment or distress on refusal to provide horse or arms, or to pay sum assessed.

And be it further Enacted, That if any Person or Persons so to be Assessed or Charged by the said Commissioners shall refuse or neglect by the time to be appointed by the said Commissioners, to provide and furnish such sufficient Horse, Horses, Arms and other Furniture, or to pay such Sum or Sums of Money towards the providing and furnishing as aforesaid, that then it shall and may be Lawful to and for the said Commissioners or any Seven or more of them, to inflict a Penalty upon such person or persons, nor exceeding Twenty pounds: And also by Warrant under their hands and Seals, to commit such person or persons, so refusing or neglecting, to prison, there to remain without Bail or Mainprize, till he or they shall conform thereunto; and pay such Penalty so inflicted as aforesaid, or else by like Warrant to Levy such Sum or Sums of Money, or the value of such Horse, Horses, Arms, and Furniture, and such penalty inflicted, by distresse and sale of the Goods of the person or persons, so neglecting or refusing, rendring the over-plus to the party so distrained, all necessary charges in Levying thereof being first deducted.

Penalty for imbezzlement of horse, arms, etc., by persons entrusted therewith,; And for neglect to appear on summons.; Commissioners may examine on oath.

And be it further Enacted, That if any Person or Persons, so to be Armed, Arrayed, and Weaponed, shall detain or imbezle his Horse, Arms, or other Furniture wherewith he shall be Intrusted, that it shall and may be Lawfull to and for the said Commissioners, or any Seven or more of them, to Imprison such Person and Persons, till he or they have made satisfaction for the Horse, Arms, or other Furniture, so by him detained, or imbezled: And also, that if any person so to be Armed, Horsed, or Weaponed as aforesaid, shall not appear and serve, Completely furnished with the Horse, Arms, and other Furniture, wherewith he is intrusted, at the beat of Drum, Sound of Trumpet, or other Summons, That then, and so often, it shall and may be Lawful, to and for the said Commissioners, or any five of them, if the default be in the person or persons so intrusted, to imprison such Person or Persons, for the space of Five days without Bail or Mainprize, or inflict a penalty, if a Horseman, not exceeding Twenty shillings, and if a Foot-man not exceeding ten shillings, to be paid down without delay or forbearance. And if any Person or Persons so Assessed, or Charged as aforesaid, shall refuse or neglect to deliver his Horse, Arms, or other Furniture, upon such Summons or other notice as aforesaid, That then, and so often, it shall and may be Lawful to and for the said Commissioners, and any five or more of them, to inflict a penalty, not exceeding five pounds, to be Levyed by Distress and Sale of the Goods of such person and persons so refusing as aforesaid, Rendring the overplus to the party distrained, necessary Charges for levying being first Deducted. And for the better discovery of the Ability of the persons to be Assessed and Charged, and of all Misdemeanors tending to the hinderance of the service, the said Commissioners, or any three or more of them, are hereby enabled to examine upon Oath such person and persons as they shall judge necessary and convenient. And for the better and more speedy execution of the premisses.

Commissioners' meetings.; Treasurers.

Be it further Enacted, And the said Commissioners are hereby required, to appoint such and so often General meetings of themselves as they think fit: And at such General meetings, to appoint one or more Treasurer or Treasurers, for Receiving such money as shall be Levied by vertue hereof; of all which Receipts and Disbursements thereof, the said Treasurers and Receivers are every Six moneths to give their Accompt in writing to the Parliament or Council of State.

Commissioners may call Treasurers of former Committees to account.; Penalty for non-payment or delivery.

And be it further Enacted, That the said Commissioners, or any seven or more of them, shall and may summon all and every Treasurer and Treasurers, of any former Committee, or Commissioners for the Militia within the City and Liberties aforesaid, or any other person or persons, who by vertue of any authority of Parliament or otherwise, are possest of any sum or sums of money, or Arms, in relation to the said Militia, and to require them and every of them forthwith to pay every such sum and sums of money, and deliver such Arms remaining in their hands aforesaid, to such person or persons, as the said Commissioners appointed by this Act, or any Seven or more of them, shall appoint. And in case of non-payment and delivery of such Arms, to Levy the same money or value of the said Arms by imprisonment of the person, or by Distress and Sale, rendring the over-plus to the party Distrained. All which moneys so Levyed and Received, and all such Arms as aforesaid to be delivered, are to be imployed for carrying on the said Service. And at such General meeting the said Commissioners are to divide themselves in such proportions and numbers as they shall judge convenient, and into such Precincts and Divisions, as may most tend to the speedy and effectual advancement of the Service.

Commissioners may cause arms of Popish recusants and delinquents to be seized,; And arm well-affected persons therewith.

And for the better securing the Peace of this Commonwealth, Be it further Enacted and Ordained, and the said Commissioners or any Seven or more of them, are hereby Enabled and Authorized, from time to time by Warrant under their hands and Seals, to imploy such well-affected person or persons as they shall think fit, of which a Constable within the respective Ward to be one, in the day time, to search for and seize all Armes and Horses, in the custody or possession of any Popish Recusant, or other Person that hath been in Arms against the Parliament, or that hath adhered to the Enemies thereof, or any other person whom the said Commissioners shall judge dangerous to the Peace of this Commonwealth. And with such Arms to Arm such well-affected persons as they shall think fit, or otherwise to secure such Arms for the use of the Commonwealth; to which purpose the persons so to be imployed are hereby Authorized and Required to enter into the House, or Lodging of any such Person as aforesaid, and there to search for, seize and take away such Arms as they shall find: and thereof from time to time to give Accompt to the said Commissioners.

Assistance.; Indemnity.

And be it Enacted, That all Constables and other Officers and Ministers within the said City and Liberties thereof, be, and are hereby required to be aiding and assisting to the said Commissioners in Execution of the Premises: And that all and every Person and Persons, who shall Act or do anything in execution thereof, shall be saved harmlesse and Indempnified by Authority of Parliament.

Several persons may be charged jointly with horse and arms.

And be it further Enacted, That it shall and may be Lawful to and for the said Commissioners or any seven or more of them to impose the finding and providing of Horse and Arms as aforesaid, by joyning two, three, or more persons together in the Charge, as to their judgements shall appear most conducible to the service of the Commonwealth.

Continuance of Act.

Provided that this Act shall continue in force until the first day of March, One thousand six hundred fifty nine, and no longer.