March, 1659/60: An Act for the Settling the Militia for the City of London, and Liberties thereof.

March 1660

[12 March 1659/60]

The Parliament taking into Serious Consideration the present State and Condition of this Common-wealth, and particularly of the City of London, Do Enact and Ordain, And be it Enacted and Ordained by Authority of the same, That Thomas Aleyn Lord Mayor of the City of London, the Lord Mayor and Sheriffes of the said City for the time being, Thomas Atkin, Thomas Foot, John Fowke, Thomas Viner, Major General Alderman Richard Browne, William Thompson, John Robinson, Anthony Bateman, John Lawrence, Richard King, William Bolton and William Wale, Aldermen, Col. Lawrence Bromfield, Richard Ford, Major Thomas Chamberlyn, William Bateman Esquire, William Vincent, John Jolly Esquires, Major John Taylor, William Antrobus Esquire, Thomas Steane, John Winne, Theophilus Biddulph Esquires, Captain Edward Storey, Deputy Abraham Johnson, John Saunders, Thomas Bludworth Esq; Maximilian Beard Esq; Major Thomas Cox, Major William Earely, Major John Alsopp, Deputy Thomas Lenthall, Colonel Thomas Gower, Peter Mills, Master Nicholas Penninge, Captain Edward Cleggat, Sir Thomas Soame, Isaac Pennington Esq; Samuel Vassal Esq; Major General Philip Skippon, Henry Ashurst, Christopher Pack, John Dethick, Richard Chiverton, John Frederick, Tempest Milner, William Love, and Edward Backwell, Aldermen of the said City, Lawrence Blomley, James Noell, Deputy Richard Cliffe, William Lluelling, John Maskal, Richard Rives, Leiutenant Colonel Jackson, Thomas Morris, John Bathurst, John Cock, William Allet, Tobell Aylmer, Deputy Thomas Myms, and James Medlicot, or any nine or more of them, and no other Person or Persons whatsoever, be and are hereby constituted and Appointed Commissioners for the Militia of the City of London, and Liberties thereof; and shall have Power, and are hereby Authorized to Assemble and Call together all and Singular Person and Persons, within the said City of London, and Liberties thereof, that are Meet and Convenient for the Wars, and cause them to Train, Exercise and put in Readiness: And then (both Horse and Foot) after their Abilities and Faculties, well and sufficiently from time to time to cause to be Arrayed and Weaponed, and to take the Musters of them in Places most fit for that purpose; And to Lead, Conduct, and Imploy the persons aforesaid, Arrayed and Weaponed, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen within the said City and liberties thereof, and to fight with, kill and slay such Enemies and Rebels as they shall find in Arms against this Commonwealth, and to disarm all known Papists, and dangerous seditious persons, and all such as shall raise or endeavour to raise any Tumults or Insurrections, and to put the Arms of all such persons into the hands of such well-affected persons as they, or any nine or more of them, shall think fit to serve with the same under such Officers to be appointed by the said Commissioners as is hereafter mentioned, or otherwise to secure the same for the use of the Commonwealth.

And Be it further Enacted, That the said Officers may likewise lead, conduct, and employ the persons aforesaid, Arrayed and Weaponed, as well within the said City, as within any other parts of this Commonwealth, for the suppression of all Rebellions, Insurrections, and Invasions that may happen, according as they shall from time to time receive Directions from the Parliament, or Council of State by Authority of Parliament.

Provided, That no Citizen of the City of London, or any of the Forces of the said City and Liberties thereof, shall be drawn forth, or compelled to go out of the said City or Liberties thereof for Military Service, without his or their free Consent. And that the said Commissioners, or any nine or more of them as aforesaid, shall have power, and are hereby authorized to Constitute, make and Commissionate Colonels, Captains, and other Officers both of Horse and Foot; and shall have Power to remove and displace Colonels, Captains and other Officers from time to time, as they, or any nine or more of them as aforesaid, see cause and think fit, And for furnishing Drums, Colours, Trophies, Ammunition, and other Emergencies, the said Commissioners, or any nine or more of them, shall and have hereby power to lay fitting and reasonable Rates upon the said City and Liberties thereof, not exceeding in one whole year the proportion of two Moneths Assessment upon the said City and Liberties, after the rate of 35000 1 per Mensem, upon England charged for maintenance of the Army and Navies of this Commonwealth, which Moneys are to be Assessed, Collected and paid as the said Commissioners, or any nine or more of them, shall from time to time direct and appoint, under the penalties, and by the wayes and means prescribed in the Act for the present six Moneths Assessment, from the 25th of December last.

And Be it further Enacted, that if any Souldier of the MilitiaForces of the said City shall at any time hereafter refuse or neglect to appear to his colours, upon Summons given by sound of Trumpet, beat of Drum, or otherwise by Order from the said Commissioners of the Militia, or shall depart from his Colours without leave of his Captain or other Chief Officer, it shall be lawfull for the said Commissioners, or any nine of them, to Impose a penalty upon every defaulter as they shall see fit, not exceeding xxs. for a Horseman, and x s. for a Footman for every offence, to be levied by such person and persons as the said Commissioners, or any nine or more of them, shall appoint, by distresse and sale of the Goods of such persons making default as aforesaid: The said Penalties to be Imployed for carrying on of the said Service.

And, Be it further Enacted, That the said Commissioners, or any nine, 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 also the late Officers of the Militia-Forces of the said City, who received Drums and Trophyes for that service, and to require them, and every of them, forthwith to pay such sum and sums of Money, and deliver such Arms, Drums, and Trophyes, remaining in their hands as aforesaid, to such person and persons as the said Commissioners, appointed by this Act, or any nine or more of them, shall appoint to be imployed for carrying out of the said Service. And in Case of non-payment and delivery of such money, Arms, Drums, and Trophyes, by Imprisonment of the person, or by distresse and sale of his goods, rendring the overplus to the party distrayned.

And also it is Enacted, That no person or persons, other than the persons aforenamed, do or shall from henceforth Act, or exercise any power or Authority, as Members of the Militia for the City of London, by force, or colour of any former Order, Ordinance, Act, or Authority of Parliament: and that all, and every person, and persons, who shall act, or do any act or thing whatsoever, by vertue of this Act, concerning the said Militia, shall be saved harmlesse, and Indempnified and concerning the same, by Authority of Parliament.

And lastly, It is hereby Declared and Enacted, That this present Act, or any thing therein, or thereby Declared or Enacted, shall not in any wise diminish or prejudice the just and antient Rights of the City of London, touching the Militia of the said City.

Provided, That no person shall be charged with Horse and Arms, unlesse such person have the yearly Revenue of 500l in Goods, or Money, or other Estate equivalent thereunto; And so proportionably as the Commissioners in their Discretions shall think reasonable. And the said Commissioners are not to charge any person with finding a Foot-Souldier in Arms, that hath not a yearly Revenue of 40 l. or a personal estate of 500 l. in goods or money, and after the said rate proportionably for a greater or lesser Estate. It shall be lawful for the said Commissioners, or any nine, or more of them, to impose the finding of a Horse and Arms, as aforsaid, by joyning two or three or more persons together in the Charge, as in their Judgments shall seem most conducible to the publick Safety. And the said Commissioners, or any nine or more of them, are hereby authorized to hear and examine Complaints upon Oath, which they have hereby power to administer and redresse as they shall see cause.

And be it further Enacted, That the said Commissioners, or any nine or more of them, shall Require and Direct all Persons so charged as aforesaid with Horse and Arms, to allow two Shillings per diem to the Troopers that Serve with their Horse and Armes, for maintenance of the Man and Horse, and twelve pence a day to the Foot Souldiers, for so many days as they shall be absent from their Dwellings or Callings, by occasion of Muster or Exercise.

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 or 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 nine, or more of them, to inflict a penalty upon such Person or Persons, not 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 Bayle 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 to the value of such Horse, Armes, and Furniture, and such penalty inflicted by Distress and Sale of the Goods of the person or persons so neglecting or refusing, rendring the overplus to the Party so distrained; all necessary Charges in Levying thereof being first deducted.

Provided also, That if any person or persons shall be Assessed to find Horse and Armes in the County, City, or place where his chief Mansion house for his whole Estate, That then upon a Certificate or Certificates that such person or persons is and are so Assessed for his whole Estate in the said County, City or place, such person or persons shall be discharged of any Assessment for the same in any other County, City or place where any other part of his Estate shall lye.

Provided always, That no person shall be permitted to Ride a Horse, or Carry Armes in this Service, who have been in Armes against the Parliament, or voluntarily aiding or assisting therein, and hath not since manifested his good affection to the Parliament.

Provided also, That no person shall be Imployed in this Service within this Commonwealth as a Commission Officer of the Militia Raised or intended to be Raised, but such or the Sons of such who have Assisted and Adhered to the Parliament and their Cause, unless such Sons have shewed their Disaffection to the Parliaments Cause. Provided also, That this Act shall continue for one year, unless the Parliament take other Order.