Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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14 (13 & 14) Car. II. c. 3.
For the better ordering of the Forces in the several Counties and places of England and the Dominion of Wales and Towne of Berwicke upon Tweede and for the supplying and explaining the late Act entituled An Act for ordering the Forces in the severall Counties of this Kingdome Bee it enacted by the Kings most Excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authoritie of the same That the severall Leiutenants of the severall Counties Citties and places nominated by His Majestie His Heires and Successors respectively, and in their absence out of the limitts of their respective Leiutenancies or by their directions when they are not absent, their Deputie Leiutenants dureing their respective Deputation or any two or more of them shall have power from time to time to lead traine exercise and putt in readinesse, or by Warrant under their hands and seales to cause to be led trained exercised or putt in readines all or any of the persons raised arrayed or weaponed according to the said Act to the intents and purposes and by the directions of the said Act and of this present Act,
II. Persons charged to pay 2s. 6d. per Day to Trooper.
And be it further enacted That all and every person or persons charged [or to be charged (fn. 1)] by vertue of either of the said Acts with Horse Horse man and Armes, or Foote Soldier and Armes shall under the penaltie of forfeiting five Shillings pay and allow upon demand two shillings six pence by the day to each respective Trooper that serves with ( (fn. 2)) Horse and Armes for maintenance of the Man and Horse, and shall under the penalty of two shillings pay and allow upon demand one shilling by the day to each respective Foote Soldier for soe many dayes as they or any of them shall be absent from their dwellings or callings by occasion of Muster or Exercise according to the Rules of the said Acts which said penaltie is to be leavyed as is hereafter expressed unlesse some certaine agreement be made to the contrary before good witnesse, and the said penaltie is to be paid to such Trooper or Foote Soldier to whom his said pay was denyed, The respective penalties to be demanded within six weekes after each respective defaulte, or at or before the next succeeding Muster Exercise or training and not afterwards.
III. Persons charged refusing, &c. to provide Foot Soldiers and Arms.
And be it further enacted That if any person or persons assessed or charged according to the said Acts or either of them shall, refuse or negclect by a reasonable time to be appointed to provide and furnish such sufficient Foote Soldier and Armes or Foote Soldiers and Armes as are accordingly charged upon him or them; that then it shall and may be lawfull to and for the respective Leiutenants and Deputy Leiutenants or any three or more of them for every such offence from time to time to inflict a Penalty upon such person or persons not exceeding Five pounds to be leavyed in manner following and to be imployed to the same uses in defaulte whereof the same was imposed.
IV. Lieutenants or Deputies may appoint and require Constables, on a Penalty, to furnish Foot Arms and Wages as may be charged, according to the Value of Estates and Property.
Be it further enacted That it shall and may be lawfull for the respective Leiutenants and Deputy Leiutenants or any three or more of them from time to time to appoint and require the Constable or Constables of any Parish or place within this Kingdome Dominion of Wales and Towne of Berwicke upon Tweede to provide and furnish (at a reasonable time and place to be appointed) upon a penaltie to be imposed not exceeding Forty shillings for every such omission) soe many sufficient Foote Armes (with Wages and other incident charges) as the said Leiutenants &c Deputie Leiutenants or any three or more of them shall assesse or charge according to the Rules and Proportions of the said Acts upon Revenues under Fiftie pounds per annum or upon personall Estates lesse then Six hundred pounds lyeing or being within any such respective Parish or place,
V. Persons charged refusing, &c. to provide a Foot Soldier or to pay Assessment.
And in order thereunto if any person or persons of or belonging to any such Parish or Place shall upon demand refuse or negclect to provide a Foote Soldier or Foote Soldiers according to the proportion aforesaid or to pay any summe of money whereat he or they shall be taxed or assessed by a Pound Rate according to a List signed by the respective Leiutenants and Deputy Leiutenants or any three or more of them for and towards the defraying and satisfying the necessary Charge and Expence disbursed in providing and furnishing such sufficient Armes as aforesaid that then it shall and may be lawfull to and for such Constable or Constables by Warrant for that purpose to levy such Summe soe rated or assessed by Distresse and Sale of the Goods of such person or persons soe refuseing or negclecting to pay, and shall restore the overplus (if any) the charge of destraining being first deducted, And the Tennant of any House Land or Revenue rated or assessed as aforesaid is hereby authorized and required to make payment of such Summe of money soe rated or assessed and to deduct soe much as shall be charged upon the Landlords Rent out of the next Rent payable to the Landlord, and in default hereof the goods of every such Tenant is alsoe lyeable to be destrained and sold in manner aforesaid,
VI. Every Soldier listed to pay Sum herein mentioned to Muster Master; to be levied by Distress.
And be it further enacted That once in every yeare hereafter each Soldier listed or raised by vertue of the said Acts or either of them shall pay to his respective Muster Master such Summe (not exceeding one shilling for a Horseman and six pence for a Foote man) as the respective Leiutenants and Deputy Leiutenants or any three or more of them shall under their Hands and Seales direct who have power hereby to leavy the same by Distresse and Sale in case of defaulte of payment upon the Goods and Chattels of such person or persons as are charged with the findeing of the respective Horseman or Foote Soldier soe makeing default, unlesse the defaulte be by the negclect of such Horseman or Foote Soldier who in that case are hereby to be accomptable for the same, and every such Muster master shall be an Inhabitant of the respective County.
VII. Musqueteers to bring to Muster certain Ammunition at the Charge of Persons assessed.
And it is hereby further provided and enacted That at every Muster Training and Exercise every Musquetier shall bring with him halfe a pound of Powder and halfe a pound of Bullets, and every Musquetier that serves with a Match locke shall bring with him three yards of Match both which are to be found accordingly at the charge of such person or persons as provide the said Foote Soldier and Armes, [And every Horseman is to bring with him a quarter of a pound of Powder and a quarter of a pound of Bullets at the charge of such person or persons as provide the said Horseman and Armes (fn. 3)] who are hereby required to finde and beare the same upon paine of forfeiting Five shillings for every omission thereof,
VIII. Lieutenants and Deputies to sum-mon and continue Trained Forces as long as convenient in lieu of the Days appointed by the said Act 14 (13 and 14) C. II. c. 3.
And for the better discipling and instructing of the said Militia in their Duties as alsoe for easeing them of often and frequent Meetings at severall times, and for the better securitie of the Peace of the Kingdome Be it further enacted That it shall and may be lawfull for the said severall Leiutenants and in their absence or by their Directions for any two or more of their Deputies within their respective Counties and Precincts for which they are commissioned at any time or times dureing the space of three yeares from the Twenty fowerth day of July in the yeare of our Lord One thousand six hundred sixtie and three to summon and continue together soe many of the said Trained Forces within their respective Counties and Precincts and soe long as they shall judge convenient in lieu of certaine dayes appointed for Exercise and Musters by the said Act entituled An Act for ordering the Forces in the severall Counties of this Kingdome.
IX May be so kept Fourteen Days.
X. Proviso exempting Commissioned Officers in Train Bands or Militia from finding or contributing towards Horsemen or Foot Soldiers, &c.
Provided alwayes And be it enacted That every Commissioned Foote Officer in the Traine Bands or Militia of this Kingdome (setled according to Act of Parliament) shall be and is hereby exempted and excufed from findeing and contributeing towards the findeing any Horse Horseman or Armes or Foote Soldier and Arms for his whole Estate if at any time it is charged but with one Horse or a lesse charge, or for such part of his Estate as is or shall be charged with one Horse if his whole Estate be charged with a greater charge then one Horse in the County or Lieutenancy where he soe serves as a Foote Officer in respect of the expence which the said Imployment doth necessarily engage him in, any thing in the said Acts to the contrary notwithstanding
XI. Constables, under a Penalty of 40s. to levy Arrears of Assessment.
Bee it alsoe enacted and ordained That each Constable Tythingman or other Officer of any Parish or place under the Penaltie for every negelect of forfeiting Forty shillings shall and doe by vertue of a Warrant directed to him from the respective Lieutenants and Deputy Lieutenants or any three or more of them levy all arreares. and proportions of money unpaid that were sett or charged for the raising training and arraying the Trained Bands and Forces actually raised and in being before the passing of the said mentioned Act by the Distresse and Sale of the Goods of any person or persons refuseing to pay the same rendering backe the overplus (if any) the charge of Distresse and Sale being first deducted.
XII. Soldiers raised under this Act to be subject to Exercise and Duty and liable to Penalties as under 14 (13 & 14) C. II. c. 3.
Be it alsoe enacted That every Trooper or Foote Soldier at any time raised by vertue or according to the directions of this present Act shall be subject to such Exercise and Duty as others charged or raised by the said mentioned Act, and shall accordingly upon like paines and penalties observe and keepe all the respective Orders and Directions of the said Act and of this present Act and shall suffer the same Penalties for committing any of the respective crimes and offences exprest in the said Act which said paines and penalties are in the like cases to be imposed and leavyed in the same manner and by the same wayes and meanes as are sett downe in the said Act,
XIII. Lieutenants and Deputies to dispose of the Fourth Part of one Month's Assessment amongst inferior Officers.
And whereas the fourth part of one Moneths Assessment in each County after the rate of Seaventy thousand pounds by the moneth is by the said Act yearely appointed for furnishing Amm[m]unition and other necessaries Bee it enacted and declared by the Authoritie aforesaid That the said respective Leiutenants and Deputies or any three or more of them shall from time to time have power to dispose of soe much of the said fourth part to the inferiour Officers imployed in or about the said respective Forces for their paines and encouragement as to them the said Leiutenants and Deputies or any three or more of them shall seeme expedient,
XIV. In Actions brought for executing Act.; General Issue.
Provided alwayes and bee it enacted That it shall be lawfull to every person & persons that shall have any Action or Suite brought against him or them for any thing done in execution of this or the said Act to plead the generall Issue and to give the speciall matter in evidence, and if Judgement shall be given for the Defendant or if the Plaintiffe shall become Nonsuite or discontinue his Suite then he shall recover double Costs
XV. Such Actions to be brought in the proper County.; Limitation of Action.
Provided alsoe and be it enacted That noe Action or Suite shall be brought against any person for any thing done in execution or by pretence of the execution of this or the said Act unlesse the said Action or Suite be laid in the proper County and commenced within six monethes next after such cause of Action.
XVI. Clause of Indemnity in 13 C. II. st.3. c.6.
Provided and be it further enacted by the Authoritie aforesaid That one Clause contained in a certaine Act (entituled An Act declareing the sole Right of the Militia to be in the King and for the present ordering and disposeing of the same) and made for the indempnifying of all persons acting in the Militia from the fower and twentieth of June One thousand six hundred and sixtie to the twentyeth of July One thousand six hundred sixtie and one as touching the assaulting detaining or imprisoning any person suspected to be a Fanatique Sectary or Disturber of the Peace or seising of Armes or searching of Houses for Armes or for suspected persons shall be construed to commence and take effect and shall be good and effectuall in Law for the indempnifying of all persons whatsoever accting in the Militia of this Kingdome for any the matters aforesaid betwixt the second day of February One thousand six hundred fifty nine and the fower and twentieth of June One thousand six hundred and sixtie inclusive by vertue or colour of any Authoritie or Command whatsoever Any thing in the said Act or in any other Act to the contrary thereof in any wise notwithstanding.
XVII. Penalties to be recovered by Warrant under the Hands and Seals of Lieutenants and Deputy Lieutenants on Goods and Chattels.
And be it further enacted by the Authoritie aforesaid That the severall Forfeitures Penalties and Payments by this present Act imposed sett or directed (not otherwise by this present Act provided to be leavyed sued for or recovered) shall or may in case of defaulte be leavyed or recovered by warrant under the Hands and Seales of the respective Lieutenants and Deputie Lieutenants or any three or more of them upon the Goods and Chattells of the Offender and by Sale of the same rendering the partie the overplus if any be And if sufficient of the Goods and Chattels of such Offender cannot be found or had whereof to leavy such Forfeiture Payment or Penaltie then the said respective Lieutenants and Deputy Lieutenants or any three or more of them shall have power and are hereby authorized by like Warrant under their Hands and Seales to committ such Offender to prison untill he shall make satisfaction according to the said forfeiture payment or penaltie,
XVIII. Indemnity to Persons who have dismantled Towns, &c.
And it is further declared and enacted That all and every person and persons which since the five and twentyeth day of March One thousand six hundred sixtie and two have acted or done any thing in the dismantling of any Citties or Townes or demolishing of Walls and Fortifications thereof or relateing thereunto shall be and are hereby indempnified and saved harmelesse.
XIX. Value of Estates to be charged.
And whereas some Doubt hath arisen upon the said Act what Estates shall be charged with or towards Foote Be it therefore enacted and declared by the Authoritie aforesaid That noe person who hath any Estate of the yearely value of Two hundred pounds or personall Estate of the value of Two thousand fower hundred pounds chargeable by the said Act shall be charged with or toward the finding any Foote, And it shall be lawfull for the respective Leiutenants and Deputies or any three or more of them to charge according to the proportions [of (fn. 4)] the said [any (fn. 5)] Act any person who hath an Estate of the yearely value of One hundred pounds and under the yearely value of Two hundred pounds or who hath a personall Estate of Twelve hundred pounds and under the value of Two thousand fower hundred pounds chargeable by the said Act with or toward the finding of Foote or toward the findeing of Horse as to their Judgement shall seeme most expedient for His Majesties Service, Yet neverthelesse this shall not be construed to extend to make any alteration in the provisions in the said or this Act concerning the Forces to be charged or raised in Citties Corporations and Port Townes,
XX. Lord Warden of the Cinque Ports empowered to execute this and the former Act and to keep up the usual Number of Soldiers in the said Ports, &c.
Provided alwayes and be it enacted by the Authoritie aforesaid That the Lord Warden of the Cinque Ports [to (fn. 6)] auntient Townes and their Members and in his absence his Lieutenant or Lieutenants shall and may putt, in execution within the said Ports Townes and Members all the Powers and Authorities given and granted by this and the said former Act and to execute and performe all and every the things therein contained in the like manner as the respective Lieutenants of the Counties and their Deputies may doe and may keepe up and continue the usuall numbers of Soldiers in the said Ports Townes and Members unlesse they finde cause to lessen the same, And that the Inhabitants of the said Ports Townes and Members being in reguard of their scituation on the Sea coasts charged with a greater proportion of Armes and armed men then other parts of the Kingdome shall not be charged with Armes or armed men in the Countyes adjacent for their Estates there lyeing save onely for such proportion as they are lyeable unto and either are not or shall not be charged with within the said Ports Townes and Members Any thing in this Act contained to the contrary in any wise notwithstanding.
XXI. Inhabitants and Revenues of Stamford Baron to be assessed and charged as formerly.
Provided alwayes and be it enacted by the Authoritie aforesaid That the Inhabitants and Revenues of or in the Parish of Saint Martin called Stamford Baron in the Suburbs of the Borough and Towne of Stamford on the South side of the waters there called Welland may be assessed and charged to finde and serve in the Trained Bands of the County of Lincolne as formerly according to the said mentioned Act and this present Act by the Lieutenant and Dcputie Lieutenants for the Countie of Lincolne for the time being in such manner as any Persons or Estates within the said Countie of Lincolne may be by them assessed and charged to the purposes aforesaid, And they of Saint Martin aforesaid are hereby declared to be well and legally assessed and charged by the said Lieutenant and Deputy Lieutenants respectively.
[Provided alwayes and bee it enacted by the Authoritie aforesaid That the Inhabitants and Revenues of or in the Parish of Saint Martin called Stamford Baron in the Suburbs of the Burrough and Towne of Stamford on the South side of the waters there called Welland may be assessed and charged to finde and serve in the Trained Bands of the County of Lincolne as formerly according to the said mentioned Act and this present Act by the Lieutenant and Deputie Lieutenants of the County of Lincolne for the time being in such manner as any Persons or Estates within the said County of Lincolne may be by them assessed and charged to the purposes aforesaid, And they of Saint Martin aforesaid are hereby declared to be well and legally assessed and charged by the said Lieutenant and Deputy Lieutenants respectively. (fn. 7)]