Raising or keeping a Standing Army in Peace, without Consent of Parliament, against Law.
Reasons for passing this Act; Officer or Soldier mutinying, or exciting Mutiny, or deserting; Punishment.
WHEREAS the raising or keeping a Standing Army within this Kingdome in time of Peace unlesse it be
with Consent of Parlyament is against Law And whereas it is judged necessary by Their Majestyes and
this present Parlyament That dureing this time of Warr severall of the Forces which are now on foote should
be continued and others raised for the Safety of the Kingdome for the Common Defence of the Protestant
Religion and for the Reduceing of Ireland And whereas noe man may be forejudged of Life or Limb or
subjected to any kinde of Punishment by Martiall Law or in any other manner then by the Judgement of his
Peeres and according to the knowne and established Lawes of this Realme Yet neverthelesse it being requisite
for retaining such Forces as are or shall be Raised dureing this Exigence of Affaires in their Duty That an exact
Discipline be observed and that Soldiers who shall Mutiny or Stirr up Sedition or shall Desert Their Majesties
Service be brought to a more Exemplary and speedy Punishment then the usuall Formes of Law will allow Bee
it therefore Enacted by the King and Queens most Excellent Majesties by and with the Advice and Consent of
the Lords Spirituall and Temporall and Commons in this present Parlyament Assembled and by Authoritie of
the same That from and after the Twentyeth day of December in the Yeare of Our Lord One thousand six
hundred eighty nine every Person being in Their Majestyes Service in the Army and being Mustered and in
Pay as an Officer or Soldier who shall at any time before the Twentyeth day of December in the Yeare of our
Lord One thousand six hundred and ninetie Excite Cause or Joyne in any Mutiny or Sedition in the Army or
shall Desert Their Majestyes Service in the Army or being a Soldier actually Listed in any Regiment Troope
or Company shall List himselfe into any other Regiment Troope or Company without a Discharge produced in
Writeing from the Captaine of the Troope or Company wherein he is first Listed shall suffer Death or such
other Punishment as by a Court Martiall shall be Inflicted
II. Power to assemble Courts Martial.
And it is hereby further Enacted and Declared That Their Majestyes or the Generall of Their Army for the
time being may by Vertue of this Act have full Power and Authoritie to grant Commissions to any Lieftenants
Generall or other Officers not under the Degree of a Field Officer or Com[m]ander in Chiefe of a Garrison from time
to time to Call and Assemble Court Martialls for punishing such Offences as aforesaid
III. Number of Officers composing Courts Martial.
And it is hereby further Enacted and Declared That noe Court Martiall which shall have Power to Inflict any
Punishment by Vertue of this Act for the Offences aforesaid shall consist of fewer then Thirteene whereof none to
be under the Degree of a Com[m]ission Officer and the President of such Court Martiall not to be under the Degree
of a Field Officer or the then Commander in Chiefe of the Garrison where the Offender shall be Tryed.
IV. Field Officers to be tried only by Field Officers.
Court may examine on Oath.
Provided alwayes That noe Field Officer be Tryed by other then Field Officers and that such Court Martiall
shall have Power and Authoritie to Administer an Oath to any Witnesse in order to the Examination or Tryall of
the Offences aforesaid.
V. Proviso for ordinary Process.
Provided alwayes That nothing in this Act contained shall extend or be construed to exempt any Officer or
Soldier whatsoever from the ordinary Processe of Law
VI. Proviso for Militia.
Provided alwayes That this Act or any thing therein contained shall not extend or be any wayes construed to
extend to concerne any the Militia Forces of this Kingdome.
VII. Continuance of Act.
Provided alsoe That this Act shall continue and be in Force until the said Twentyeth day of December in
the said Yeare of our Lord One thousand six hundred and ninety and noe longer.
VIII. On Trial of Offences punishable with Death,
Members to take an Oath.
Provided alwayes and bee it Enacted That in all Tryalls of Offenders by Courts Martiall to be held by vertue
of this Act where the Offence may be punished by Death every Officer present at such Tryall before any Proceeding
be had thereupon shall take an Oath upon the Evangelists before the Court and the next Justice of the Peace
Judge Advocate or his Deputy or one of them are hereby respectively Authorized to Administer the same in these
Words That is to say
Form; What Number of Members to be present when Sentence of Death pronounced; Hours of Proceedings in such Case.
You shall Well and Truely Try and Determine according to your Evidence the Matter now before you betweene
our Soveraigne Lord and Lady the King and Queens Majestyes and the Prisoner to be Tryed
Soe helpe you God.
And no Sentence of Death shall be given against any Offender in such Case by any Court Martiall unlesse
Nine of Thirteene Officers present shall concurr therein and if there be a greater number of Officers present then
the Judgement shall passe by the Concurrence of the greater part of them soe Sworne which major part shall
not be lesse then Nine and not otherwise and noe Proceedings Tryall or Sentence of Death shall be had or
given against any Offender but betweene the houres of Eight in the Morning and One in the Afternoone
IX. Giving false Certificates for Absence of Soldiers.
Penalty £50 and Punishment.
And for the preventing of Fraud and Deceit in Mustering of Soldiers Bee it further Enacted by the Authoritie
aforesaid That if any Person shall make or give or procure to be made or given any false or untrue Certificate
whereby to Excuse any [Soldiers (fn. 1) ] for their Absence from any Muster or other Service which they ought to attend
or performe upon a pretence of Sicknesse or other Cause That then every such Person soe makeing giveing or
procureing such Certificate shall forfeite for every such Offence the Summe of Fifty Pounds and shall be forthwith
Cashiered and Displaced from such his Office and shall be thereby utterly disabled to have or hold any Military
Office or Imployment within this Kingdome or in Their Majestyes Service
X. Officer making false Muster, and Commissary allowing Muster Roll;
upon Proof on Oath before Court Martial; Punishment, and Penalty £50.
And bee it further Enacted by the Authoritie aforesaid That every Officer that shall make any false or untrue
Muster of Man or Horse and every Commissary Muster Master and other Officer that shall wittingly or knowingly
Allow or Signe the Muster Roll wherein such false Muster is contained or any Duplicate thereof upon Proofe
thereof upon Oath made by two Witnesses before a Court Martiall to be thereupon called (which is hereby
Authorized and Required to Administer such Oath) shall for such their Offence be forthwith Cashiered and
Displaced from such their Office and shall be thereby utterly disabled to have or hold any Military Office
or Imployment within this Kingdome or in Their Majestyes Service and shall likewise forfeit the Summe of
XI. Commissary to give Notice before Muster to Mayor, &c. of Place where Soldiers quartered; and to assist in discovering false Musters.
Neglecting to give Notice, or refusing Aid of Mayor, &c; Penalty £50 and Punishment.
And bee it further Enacted by the Authoritie aforesaid That every Commissary or Muster Master upon any
Muster to be made had or taken by him or them shall by a convenient time before such Muster made give
notice to the Mayor or other Chiefe Magistrate or Officer of the Place where the Soldiers soe to be Mustered
shall be Quartered who are hereby Required to be present at every such Muster and give his utmost Assistance
for the discovering any false or untrue Muster there made or offered to be made And that every such Commissary
or Muster master makeing or takeing such Muster that shall neglect to give such notice as aforesaid or shall
refuse to take the Aid and Assistance of such Mayor Chiefe Magistrate or Officer where the Soldiers soe to be
Mustered shall be Quartered shall forfeit the Summe of Fifty pounds and be Discharged from his Office
XII. Offering to be falsely mustered;
committed to House of Correction; Furnishing Horses to be mustered not belonging to the Troop; Penalty.
And alsoe be it further Enacted by the Authoritie aforesaid That if any Person shall be falsely Mustered or
offer himselfe falsely and deceitfully to be Mustered every such Person if noe Soldier upon Proofe thereof made
upon Oath by two Witnesses before the next Justice of Peace of the County where such Muster. shall be made
and every such Person soe falsly Mustered or offering to be falsely Mustered upon Certificate thereof in Writeing
under the Hand of the Officer Commanding in Chiefe at the Muster or of the Commissary of the Musters or any
other Person made to such Justice of the Peace the said Justice is thereupon and is hereby Authorized and
Required to Committ such Offender to the House of Correction there to remaine for the space of Three months
and to be kept at hard Labour with convenient Correction And if any Person shall wittingly or willingly lend
or furnish a Horse to be Mustered which shall not truely belong to the Trooper or Troope soe Mustered the said
Horse soe falsely Mustered shall be forfeited to the Informer if the same doth belong to the Person lending or
furnishing the said Horse or otherwise the Person lending or furnishing the said Horse shall forfeite the Summe of
Twenty pounds upon Oath made by two Witnesses before the next Justice of the Peace or be Committed to the
House of Correction for Six months unlesse he shall pay the same there to be kept at hard Labour
XIII. Penalties how paid and distributed.
Goods of Offender in what Case seized.
And bee it alsoe further Enacted by the Authority aforesaid That the said Forfeitures shall be to such Person
or Persons that shall Informe immediately to be paid out of the Arreares of such Officers Pay as shall soe offend
upon Conviction before the Court Martiall by Order of the said Court to the Paymaster if such Officer soe
offending shall have an Arreare and if there shall be noe Arreare the Court Martiall shall immediately give Order
to seize the Goods of such Officer soe offending and sell them for payment of such Forfeiture to the Informer
rendering the overplus to the Owner And the said Court Martiall is hereby obliged to Discharge such Informer
if a Soldier from any further Service if he shall demand the same
XIV. Paymaster, Agent, &c. of Regiment detaining Pay or Allowances;
Officer refusing to pay Soldier; Punishment and Penalty £100.
And bee it further enacted That if any Paymaster Agent or Clerke of any Regiment Troope or Company
shall Detaine or Withhold by the space of One Month the Pay of any Officer or Soldier (Cloathes and all other
just Allowances being Deducted) after such Pay shall be by him or them Received or if any Officer haveing
Received their Soldiers Pay shall refuse to pay each respective Common Soldier their respective Pay when it
shall become due that upon proofe thereof before a Court Martiall as aforesaid every such Paymaster Agent
Clerke and Officer soe offending shall be discharged from his Imployment and shall forfeit to the Informer upon
Conviction before the said Court Martiall One hundred pounds to be raised as aforesaid and the Informer if a
Soldier if he Demands it shall be and is hereby Discharged of any further Service Any thing in this Act
contained to the contrary notwithstanding
XV. Commanding Officer of Troop, &c. to bring at Muster Certificates of Abscutees.
Signing false Certificates; Punishment.
[And it is hereby Enacted and Declared That the Commanding Officer of every Troope or Company at the
time of Muster shall bring in a Certificate Signed of the Names of such Persons as are Sicke or have leave to be
Absent upon Furlows and of such Persons as are Dead or Deserted since the last Muster with the Dayes of
their Deathes or Desertions and if such Certificate shall prove false upon Conviction thereof before a Court Martiall
the Officer Signing such Certificate shall suffer such Penalties and in such manner as is Declared and Inflicted by
this Act upon those that make False Musters
XVI. Officers mustering Servants, &c.
And it is hereby further Enacted That if any Officer shall Muster any Person that is a Servant or receives
Wages from any Officer or that shall attend any Officer as a Servant in the absence of the said Officer from his
Quarters or shall Muster any Person by a wrong Name knowingly upon Conviction thereof before a Court Martiall
the said Officer or Commissary shall suffer such Penalties and in such manner as is Inflicted and Declared by this
Act upon those that shall make false Musters.
XVII. Petition of Right, 3 Car. I. reciled. 31 Car. II. c. 1. recited.
Constables, &c. may billet Officers and Soldiers in Inns, &c; Billetting in private Houses without Consent of Owner; Remedy.
And whereas by the Petition of Right in the Third Yeare of King Charles the First It is Enacted and Declared
That the People of this Land are not by the Lawes to be Burthened with the Sojourning of Soldiers against their
Wills And by a Clause in one Act of Parlyament made in the One and thirtyeth Yeare of the Raigne of King
Charles the Second For Granting a Supply to his Majestie of Two hundred and six thousand foure hundred and
sixty two Pounds seventeene shillings and three pence for Paying and Disbanding the Forces It is Declared and Enacted
That noe Officer Military or Civill nor any other Person whatsoever shall from thenceforth presume to Place
Quarter or Billet any Soldier or Soldiers upon any Subject or Inhabitants of this Realme of any Degree Quality
or Profession whatsoever without his Consent And that it shall and may be Lawfull for any such Subject and
Inhabitant to refuse to Sojourne or Quarter any Soldier or Soldiers notwithstanding any Command, Order Warrant
or Billeting whatsoever But forasmuch as at this present time there is a Rebellion in Ireland and a Warr
against France whereby there is occasion for the Marching of many Regiments Troops and Companies in severall
Parts of this Kingdome towards the Sea Coasts and otherwise Bee it further Enacted by the Authoritie aforesaid
That for and dureing the Continuance of this Act and noe longer It shall and may be Lawfull for the Constables
Tythingmen Headburroughs and other Chiefe Officers and Magistrates of Cities [Burroughes (fn. 2) ] Townes and Villages
and other Places in the Kingdome of England Dominion of Wales and Towne of Berwicke upon Tweede and for
noe others to Quarter and Billet the Officers and Soldiers in Their Majesties Service in Inns Livery Stables Ale
Houses Victualling Houses and all Houses selling Brandy Strong-Waters Syder or Metheglin by Retaile to be
dranke in their Houses and noe other and in noe Private Houses whatsoever And if any Constable Tythingman
or such like Officer or Magistrate as aforesaid shall presume to Quarter or Billet any such Officer or Soldier
in any Private House without the Consent of the Owner or Occupier in such case such Owner or Occupier
shall have his or their Remedy at Law against such Magistrate or Officer for the Damage that such Owner or
Occupier shall sustaine thereby
XVIII. Officers and Soldiers billetted to pay reasonable Prices.
Prices of Provisions may be regulated at Quarter Sessions, for Officers and Soldiers on March; Such Prices to be within Compass of Subsistence Money; After first Night in Quarters, Owner of Inn, &c. to furnish Officers, &c. with Lodgings, &c.
Provided neverthelesse And it is hereby Enacted That the Officers and Soldiers soe Quartered and Billeted
as aforesaid shall pay such reasonable Prices as shall be appointed from time to time by the Justices of the
Peace in their Quarter Sessions of each County City ( (fn. 3) ) Division or Place within their respective Jurisdictions And
the Justices of the Peace aforesaid are hereby Impowered and Required to Sett and Appoint in their Quarter
Sessions aforesaid such reasonable Rates for all necessary Provisions for such Officers and Soldiers for One or
more Nights in their Marching through their Cities Townes Villages and other Places and for the First Night
onely in such Places as shall be appointed for their Residence or Quarters Provided That the said Price soe Sett
by the said Justices be within the compasse of the Subsistence. Money paid to the Soldiers which Subsistence
Money is hereby declared to be for each Trooper Two shillings per die[m] For each Dragoon One shilling and
two pence per die[m] And for each Foot Soldier Sixpence per die[m] And after the said First Night in their Quarters
the Owners and Occupiers of the Inns Alehouses and other Publique Houses [as (fn. 2) ] aforesaid are hereby Required to
furnish such Officers and Soldiers soe Quartered and Billetted as aforesaid with dry Lodgeings Stable roome for
Horses and with Fire and Water and necessary Utensills to Dresse their Meate and not otherwise without the
said Officers or Soldiers shall make a Contract or Agrement for their Provisions with the said Owners or
XIX. Officer, &c. taking Money for excusing Quartering; Punishment.
Provided alwayes and bee it Enacted That if any Officer or Soldier shall take any Money of any Person
for Excuseing the Quartering of Officers or Soldiers or any of them in any House allowed by this Act every
such Officer or Soldier shall be Cashiered and made incapeable of Serveing in any Military Imployment
XX. Paymaster of the Army, Secreatary at War, &c. not to take Fees, or deduct from Pay.
And bee it further Enacted by the Authoritie aforesaid That from and after the One and thirtyeth day of
December next ensueing noe Paymaster of the Army Secretary of Warr Commissary or Muster Master or
their under Officers shall receive any Fees or make any Deductions whatsoever out of the Pay of any Officer
or Soldier in Their Majestyes Army or from their Agents which shall grow due from and after the said One
and thirtyeth day of December other then the usuall Deductions for Cloathing and the Twelve pence in the
Pound to be disposed of as Their Majestyes shall think fitt and the One Dayes Pay in the Yeare for the Use
of the Royall Hospitall at Chelsey (fn. 4) ]
XXI. Act to be read at Muster.
And bee it further Enacted That this Act shall be Read at the Head of every respective Regiment Troope
or Company at every respective Muster by the Commissary or Muster Master before such Muster shall be made
that noe Soldier may pretend Ignorance.