Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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(fn. 1) Reasons for passing this Act.
5 Eliz. c.4. § 3t; Officers and Soldiers who have not deserted, and who have heretofore exercised Trades, or were Apprentices, or are able to practice Trades, may set up the same; If any Officer or Soldier be Sued, &c. and making it appear he has served His Majesty, shall, upon the General Issue, be found not guilty; or Plaintiff discontinue, &c.; Treble Costs. Judges, &c. to conform to this Act .
Whereas there hath been and are divers Officers and Soldiers who have served His Majesty in the late Wars and were instrumentall by the Blessing of Almighty God in obtaining an advantagious Peace for these Kingdoms some of which are Men that used Trades others that were Apprentices to Trades who had not served out their times and others who by their owne Industry have made themselves apt and fitt for Trades many of which (the Wars being now ended) would willingly imploy themselves in those Trades which they were formerly accustomed to or which they are apt or able to follow and make use of for the getting their Liveing by their owne Labour but are or may be hindred from exerciseing those Trades in certaine Cities and Corporations and other Places within this Kingdom because of certaine By-Lawes and Customs of those Places and of the Statute made in the Fifth Yeare of Queene Elizabeth prohibiting the use of certaine Trades by any Person who hath not served as an Apprentice to such Trade for the Space of Seaven Yeares For Remedy whereof Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That all such Officers and Soldiers who have been at any time imployed in His Majesties Service since His happy Accession to the Crowne and have not since deserted the said Service and that have heretofore used or exercized any Trade or that were Apprentices to any Trade though they did not serve out the time of their Apprenticeship or any other Officer or Soldier imployed as aforesaid that is apt and able to practice any Trade may sett up and exercize such severall and respective Trades Misteries or Occupations whereunto he or they have been bound Apprentices and served any part of his or their time or any Handicraft or other Trade exercised about Manufactures though he was never bound Apprentice to the same in manner following (that is to say) such of them as have been Apprentices as aforesaid may sett up and exercise such severall and respective Trades whereunto he or they have been so bound Apprentices as fully as if they had served out their respective Termes or Times for which they have been bound and shall have and enjoy the same Immunities as they should have had and enjoyed if they had served out their said Termes or Times And all others of the said Officers and Soldiers may sett up and exercise such Trades as they are apt and able for in any Towne or Place within the severall and respective Counties wherein they were borne without any Lett Suite or Molestation of any Person or Persons whatsoever for or by reason of the Useing of such Trade And if any such Officer or Officers Soldier or Soldiers shall be sued impleaded or indicted in any Court whatsoever within this Kingdom for useing or exerciseing any such Trades as aforesaid then the said Officer or Officers Soldier or Soldiers makeing it appeare to the same Court where they are soe sued impleaded or indicted that they have served the Kings Majesty as aforesaid shall upon the Generall Issue pleaded be found not Guilty in any Plaint Bill Information or Indictment exhibited against them And such Persons who notwithstanding this Act shall prosecute their said Suite by Bill Plaint Information or Indictment and shall have a Verdict passe against them or become Nonsuite therein or discontinue their said Suite such Person or Persons shall pay unto such Officer or Officers Soldier or Soldiers Treble Costs of Suite to be recovered as any other Costs at Common Law may be recovered And all Judges and Jurors before whom any such Suite Information or Indictment shall be brought and all other Persons whatsoever are to take Notice of this present Act and shall conforme themselves thereunto Any Statute Law Ordinance Custom or Provision to the contrary in any wise notwithstanding.
II. No Officer or Soldier to have the Benefit of this Act, who shall not prove his Service.
Provided That no Officer or Soldier shall have the Benefit of this Act that shall not prove his Service as aforesaid either by a Certificate under the Hand and Seale of some Field Officer or Two Commission Officers of the Regiment wherein he served or some Generall Officer of the Army certifying his Knowledge of the Service aforesaid and the same Certificate to be proved by one Witness at least to be a true Certificate or for Default of such Certificate by the Oath of Two Credible Witnesses at least
III. Persons pretending to be Officers, &c. producing a false Certificate,
Provided alsoe That if any Person or Persons pretending themselves to have been Officers or Soldiers within the Qualifications aforesaid shall produce a false Certificate to the Intent to have the Benefit of this Act and thereof be convicted by Confession or due Proofed of Law shall suffer. Imprisonment not exceeding Three Months and to loose the Benefit of this Act Any thing therein contained to the contrary notwithstanding
IV. Paymasters to state their Accounts on or before 1st June 1699; and pay Arrears.
And be it further enacted by the Authority aforesaid That every Paymaster on or before the First Day of June One thousand six hundred ninety and nine shall state their Accounts respectively of each Regiment disbanded or not disbanded and shall deliver such Accounts so stated under their Hands, to the respective Colonels of each Regiment and if thereon it shall appeare there be any Moneys due to the said Regiments issued for that Purpose and remaining in the Paymasters Hands that then the Moneys soe in Arreare shall be forthwith paid over unto the said Colonels respectively
V. Colonels of disbanded Regiments in the late Wars, to state Accounts with Captains of Troops, &c., and pay Money in their Hands; and Captains in like Manner to account with and pay to inferior Officers.
And be it further enacted by the Authority aforesaid That the severall Colonels of the respective disbanded Regiments which served in the late Warrs shall forthwith state the Account with the severall Captains of the severall Troops and Companies or their Agents in their behalfe and within Ten Daies after the Receipt of such Moneys pay over such Moneys as shall be found in their Hands due to such Captains and their Troops and Companies which Captains are hereby required in like manner within Ten Daies to account with and pay over to every particular inferiour Officer Private Centinel and Soldier or to such other Person or Persons as have Right to receive the same such Moneys as shall appeare to be justly due to them and soe comeing to their Hands as aforesaid under the Penalty of forfeiting Double the Sum which shall soe appeare to be due from every Colonel Agent or Captaine who shall neglect or refuse to doe and performe their Duties hereby enjoyned
Disbanded Soldiers setting up their Trades, freed from Arrest, and their Goods from Seizure, in respect of Debts due at the Time of their first enlisting.
And for the better enabling and encourageing the said disbanded Soldiers (other than Commission Officers) to [and (fn. 2) ] sett up [and exercise (fn. 3) ] their Trades in such manner as aforesaid It is hereby further enacted and declared by the Authority aforesaid That such of the said disbanded Soldiers (other than Commission Officers) as shall soe sett up and exercise their Trades as aforesaid with their Stock and Tooles used in or about the exerciseing their said Trades shall be and are hereby freed for the space of Three Yeares to be accounted from the First Day of May One thousand six hundred ninety nine from haveing their Persons arrested or imprisoned or their said Stock or Tooles seized distrained or taken in Execution for any Debt or Moneys which was or were owing by them either or any of them at the time when they respectively were first listed into His Majesties Service Any thing to the contrary notwithstanding.