June 1659: An Act for settling the Militia of the City of Westminster, and Liberties thereof, and Places Adjacent.

June, 1659

[28 June, 1659.]

Names of Commissioners for Westminster Militia; Their powers.; Judgment of death.

Be it Enacted by this present Parliament and the Authority thereof, That William Lenthall Master of the Rolls, Thomas Lord Fairfax, Lieutenant General Ludlow, Thomas Scot, Michael Oldsworth, Sir James Harrington, Henry Nevil, Adam Baines, James Harrington, George Manly, Thomas St. Nicholas, Edward Dendy, Ralph Darnel, Arthur Evelin, Anthony Samuel, William Green, Sir Henry Vane, Thomas Challoner, Ralph Hall, Edward Franklin, George Talby, Daniel Charlwood, Thomas Webster, William Boswell, Arthur Samuel, Francis Blake, Thomas Constable, Samuel Smith, Richard Rider, — Wayn, Sylvanus Taylor, William Haberfield, Thomas Colchester, Nicholas Holton, John Mann, Richard Hawkins, Thomas Howard, Henry Cotton, Thomas Mason, John Barker, William Parker, Nicholas Bond, Richard Dean, William Woodcock, John Bradshaw Serjeant at Law; Peter Lindsey, Colonel Nathaniel Rich, Robert Bissey, Henry Pit, John Seagood, Henry Middleton, Edward Birkhead, John Hunter, Thomas Bradshaw, Edward Stratton, William Robinson, James Mayo, Nicholas Love, Colonel John Downes, Josias Berners, Richard Graves, Richard Powel, Noah Bankes, Nicholas Martin, George Walker, George Dodson, John Wilcocks, Edward Cresset, Captain Wheatley, William Taylor, William Dashwood, John Robinson, Joseph Sanson, Richard Dashwood, Sir John Trevor, Thomas Norris, Morris Gethings, John Haynes, Philip Smith, Colonel Lister, Colonel Walton, Amos Stoddart, Richard Davis, Edward Waters, Steven Hart, Sir Cheney Culpeper, Thomas Foster, Emery Hill, Edward Martin. John Wildman, George Foxcroft, William Sage, Lord Chief Baron Wild Edmund Wild Esq.; Edmund Warcop, Benjamin Martin, John Nelthrop of Westminster, Colonel Ashfield, Colonel Wetton, or any Seven or more of them, be, and are hereby constituted and appointed Commissioners for the Militia of the City of Westminster, and the Liberties thereof, and of all the Parishes and Places adjacent in the County of Middlesex, within the weekly Bills of Mortality, and late lines of Communication, excepting the Hamlets of the Tower; 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, Liberties, Parishes, and Places, 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, Liberties, Parishes, and Places, as within, and into any other places of this Commonwealth for suppressing of all Insurrections, Rebellions, and Invasions that may happen to be, 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 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.

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 any every such Person and Persons inhabiting and residing within the said City and Places aforesaid, as are or 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 so to be Assessed and Charged.

No estate under £3,000 chargeable with horse and arms.; Nor under £400; with foot arms.

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 a 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 £400; 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 sums 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 Lawfull, to and for the said Commissioners, or any seven or more of them, to inflict a Penalty upon such Person and Persons, not exceeding Twenty pounds, and also by Warrant, under their Hands and Seals to Commit such Person and 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 Distress 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 and 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 imbezzle, his Horse, Arms, or other Furniture, wherewith he should be intrusted, that it shall and may be Lawful 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, Armes, 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, Armes 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 three 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 Footman, 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 three or more, 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 over-plus 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 Misdemeanours tending to the hinderance of the Service aforesaid, 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 Levyed 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.

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 Precincts 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 in relation to the said Militia; And to require them and every of them forthwith to pay every such Sum and Sums of Money remaining in their hands aforesaid, to such person or persons, as the said Commissioners appointed by this Act, or any Seven of them shall appoint. And in case of non-payment, to Levy the same by Imprisonment of the person, or by Distress and Sale, rendring the overplus. All which Moneys so Levyed and Received, are to be imployed for carrying on of 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 the Constable for the time being, within his respective Precinct, to be one, in the day-time to search for and seize all Arms 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 Account to the said Commissioners.

Assistance.; Indemnity.

Lastly, Be it Enacted, That all High Constables, Petty Constables, and other Officers and Ministers, within the said City, Parishes, and Places aforesaid, be and are hereby required, to be aiding and assisting to the said Commissioners, in Execution of the Premisses; And that all and every Person and Persons, who shall Act, or do anything in execution thereof, shall be saved harmless, and indempnified, by Authority of Parliament.

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.