AN ACT For ſetling the MILITIA For the Borough of Southwark, and Pariſhes adjacent.
ORdered by the Parliament, That this Act be forthwith Printed and Publiſhed.
LONDON: Printed by John Field and Henry Hills, Printers to the Parliament.
And are to be ſold at the ſeven Stars in Fleet-ſtreet, over againſt Dunſtans Church, 1659.
BE it Enacted by this preſent Parliament, and the Authority thereof, That Lieutenant General Charls Fleetwood, Sir Henry Vane Knight, Thomas Scot, George Thompſon, Nathaniel Rich, Cornelius Cook, Samuel Hyland, James Walker, Richard Downs, Robert White, Thomas Lee, Edward Hall, Edward Brent, John Sandon, William Angel, Eſqs: Major Richard Lewin, Captain_____Shaw, Captain William Smiter, Griffith Kent, John Shorter, Merchants, William Heſter, William Bab, Edward Leader, Jeremiah Ruſhley, John Pope, Francis Neeves, Gent. John Planner, Thomas Burton, James Pitman, William Sledd, James Childe, Nath. Collier, William Fenton, John Pool, Samuel Lynne ſenior, Thomas Middleton, John Smith, Morrice Craddock, John Showel, William Lance, James Reading, John Parker, Gent. John Trenchard, Peter Delanoy, Jeremiah Baynes, William Hiccock, Chriſtopher Serle, Thomas Wenborne, Thomas Walker, Thomas Irons, Charls Crayker, and Richard Lee, Eſqs: or any Seven or more of2 them, be, and are hereby conſtituted and appointed a Committee for the Militia for the Borough of Southwark, and Pariſhes adjacent, viz. Olaves Savior, Thomas Georges, Many Magdalen Bermondſey, Redriffe, alias Rotherhith, Mary Newington, and Lambeth in the County of Surrey, mentioned in the weekly Bills of Mortality, on the ſouth-ſide the River Thames; 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 Pariſhes aforeſaid, 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 Pariſhes aforeſaid, 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 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 or perſons, having reſpect to the Qualifications3 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 & Weaponing the perſons aforeſaid: And alſo for the Defraying and Paying the neceſſary Charges thereunto belonging,
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 Pariſhes aforeſaid, or who have Eſtates within the ſaid Pariſhes, proportionably, according to ſuch Eſtates there, 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 perſon ſo to be Aſſeſt and Charged.
4Provided, That no one Perſon not having an Eſtate of the clear value of three thouſand pounds (of which the ſaid Commiſſioners are to be Iudges) be Charged or Chargeable with an Horſe, 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 the ſaid Commiſſioners are to be Iudges) be charged or chargeable with a whole foot Arms and the furniture thereunto belonging.
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.
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 and perſons, not exceeding twenty pounds, and alſo, by Warrant under their hands and Seals, to commit5 ſuch perſon and perſons, ſo refuſing or neglecting, to Priſon, there to remain, without Bail or Mainprize, til he or they ſhal conform thereunto, and alſo ſhall 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 overplus to the party ſo diſtrained) all neceſſary Charges for Levying thereof being firſt deducted.
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 lawful, to and for the ſaid Commiſſioners, or any five 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 compleatly 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,6 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 Lawfull to and for the ſaid Commiſſioners, or any three or more, to inflict a penalty not exceeding five pounds, to be Levied by diſtreſs and ſale of the Goods of ſuch perſon & 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 mildemeanors tending to the hindrance of the ſervice aforeſaid, the ſaid Commiſſioners, or any five 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 ſpeedie execution of the Premiſes,
Be it further Enacted, And the ſaid Commiſſioners are hereby required to appoint ſuch and ſo often General meetings of themſelves as they ſhall 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.
7And 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 Pariſhes 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, Arms or Ammunition, 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 and Ammunition 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 and Ammunition, to Levy the ſame Money or value of the ſaid Arms and Ammunition, by Impriſonment of the perſon, or by diſtreſs and ſale, rendring the overplus to the party diſtrained: All which Moneys ſo Levied and Received, and all ſuch Arms and Ammunition, as aforeſaid, to be delivered, are to be imployed for carrying on of the ſaid ſervice: and at ſuch General meetings 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. And for the better ſecuring of the Peace of this Commonwealth,
Be it further Enacted and Ordained,8 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 & ſeals, to imploy ſuch wel affected perſon or perſons as they ſhall think fit, of which the Conſtable for the time being within his reſpective Pariſh to be one, in the daytime, to ſearch for and ſeize all Arms and Horſes, in ye 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 and Horſe, to Arm ſuch well affected perſons as they ſhall think fit, or otherwiſe to ſecure ſuch Arms and Horſe, 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 and Horſe as they ſhall finde, and thereof from time to time to give accompt to the ſaid Commiſſioners.
And be it further Enacted, That all high Conſtables, Petty Conſtables, and other Officers and Miniſters within the Pariſhes 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 any thing in execution thereof, ſhall be ſaved harmleſs and Indempnified9 by Authority of Parliament.
And be it further Enacted, That it ſhall and may be lawfull, 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 Iudgements ſhall appear moſt conducible to the ſervice of the Commonwealth.
Provided, That this Act ſhall continue in Force until the Firſt day of March, One thouſand ſix hundred fifty nine, and no longer.
ORdered by the Parliament, That this Act be forthwith Printed and Publiſhed.
(EEBO-TCP ; phase 2, no. A82414)
Transcribed from: (Early English Books Online ; image set 119573)
Images scanned from microfilm: (Thomason Tracts ; 160:E1074[13])
Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.
EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.
EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).
The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.
Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.
Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.
Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.
The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.
Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).
Keying and markup guidelines are available at the Text Creation Partnership web site.
This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.