Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.
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Reasons for passing this Act.
Soldier mutinying or deserting, &c; Punishment.
Whereas the raiseing or keeping a Standing Army within this Kingdom in time of Peace unlesse it be with consent of Parliament is against Law And whereas it is judged necessary for their Majesties and this present Parliament that dureing this time of War several of the Forces which are now on foot should be continued and others raised for the safety of this Kingdom for the common defence of the Protestant Religion and for the carrying on the War against France And whereas no man may be forejudged of Life or Limb or subjected to any kind of Punishment by Martial Law or in any other manner then by the Judgment of his Peers and according to the known and established Laws of this Realme yet neverthelesse it being requisite for the retaining such Forces as are or shall be raised dureing this exigence of Affairs in their Duty that an exact Discipline be observed and that Soldiers who shall mutiny or stirr upp Sedition or shall desert Their Majesties Service bee brought to a more exemplary and speedy punishment then the usuall Forms of the Law will allow Bee it therefore enacted by the King and Queens most excellont Majesties by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That from and after the Tenth day of March in the yeare of our Lord One thousand six hundred ninety two every Person being in Their Majesties Service in the Army and being mustered and in pay as an Officer or Soldier who shall at any time before the First day of March in the yeare of our Lord One thousand six hundred ninety three excite cause or joyne in any Mutiny or Sedition in the Army or shall desert Their Majesties Service in the Army shall suffer Death or such other punishment as by a Court Martial shall be inflicted or being a Soldier actually listed in any Regiment Troop or Company shall list himselfe into any other Regiment Troop or Company without a discharge produced in writeing from the Captain or the Officer commanding the Troop or Company in which he last served as a listed Souldier shall suffer Death or such other Punishment as by a Court Martial shall be inflicted
II. Their Majesties or General of the Army, may grant Commissions to call a Court-martial.
And it is hereby further enacted and declared That Their Majesties or the General of their Army for the time being may by virtue of this Act have full power and authority to grant Commissions to any Lievtenant General or other Officers (not under the degree of a Field Officer or Commander in Chief of a Garrison) from time to time to call and assemble Court Marshalls for punishing such offences as aforesaid.
III. Number, &c. of the Court.
And it is hereby further enacted and declared That no Court Martial which shall have power to inflict any punishment by virtue of this Act for the offences aforesaid shall consist of fewer then Thirteen whereof none to be under the degree of a Commission Officer And the President of such Court Martial not to be under the degree of a Field Officer or the then Co[m]mander in Chief of the Garrison where the Offender shall be tried.
IV. Field Officer, by whom tried.
Court may give an Oath.
Provided always That no Field Officer shall be tried by any Officer under the degree of a Captain and that such Court Martial shall have Power and Authority to administer an Oath to any Witnesse in order to the Examination or Tryal of the Offences aforesaid.
V. Proviso for Process.
Provided always That nothing in this Act contained shall extend or bee construed to exempt any Officer or Soldier whatsoever from the ordinary processe of Law
VI. Proviso for Militia.
Provid[ED (fn. 1) ] always That this Act or any thing therein contained shall not extend or be any ways construed to extend to concern any the Militia Forces of this Kingdom.
VII. Continuance of Act.
Provided alsoe That this Act shall continue and be in force until the First day of March in the year of our Lord One thousand six hundred ninety three and no longer.
VIII. How the Trial shall be in Capital Cases.
Oath by Officers; Number of Officers to concur in Sentence; Hours of Trial.
Provided always and bee it enacted That in all Tryals of Offenders by Courts Martial to be held by virtue of this Act where the Offence may be punished by Death every Officer present att such Tryal before any Proceeding be had thereupon shall take an Oath upon the Evangelists before the Court and the next Justice of Peace Judge Advocate or his Deputy or one of them are hereby authorized to administer the same in these Words (that is to say) You shall well and truely try and determine according to your Evidence the Matter now before you between our Sovereigne Lord and Lady the King and Queens Ma [ties (fn. 1) ] and the Prisoner to be tryed So help you God And no Sentence of Death shall be given against any Offender in such case by any Court Martial unlesse Nine of Thirteen Officers present shall concur therein And if there be ( (fn. 2) ) greater number of Officers present then the Judgment shall passe by the concurrence of the greater part of them so sworne which major part shall not be lesse than Nine and not otherwise. And no Proceedings Tryal or Sentence of Death shall bee had or given against any Offender but between the hours of eight in the Morning and one in the Afternoon.
IX. Making false Certificate to excuse Soldiers Absence from Muster;
And for the preventing of fraud and deceipt in mustering of Soldiers Be it further enacted by the Authority 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 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 so makeing giveing or procureing such Certificate shall forfeit for every such Offence the Sum 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 Kingdom or in Their Majesties Service
X. Making false Musters, or allowing Muster Roll thereof;
And be it further enacted by the Authority 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 allow or signe the Muster Roll wherein such false Muster is contained or any Duplicate thereof upon Proof thereof upon Oath made by Two Witnesses before a Court Martial 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 Civil or Military Office or Imployment within this Kingdom or in Their Majesties Service and shall likewise forfeit the sum of One hundred Pounds
XI. Commissary, &c. to give Notice of Muster, to Mayor who is to be present;
Penalty; No Muster Roll allowed not signed by Mayor.
And be it further enacted by the Authority 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 Chief Magistrate or Officer of the place where the Soldiers so to be mustered shall be quartered who are hereby required to be present att 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 Chief Magistrate or Officer where the Soldiers so to be mustered shall be quartered shall forfeit the sum of Fifty Pounds and be discharged from his Office And no Muster Roll shall be allowed unless the same be signed by such Mayor or other Chief Magistrate or Officer respectively
XII. Person offering to be falsely mustered.
Certificate; Commited to House of Correction; Lending Horses to Muster not belonging to Troop; Penalty 20.
And alsoe be it further enacted by the Authority aforesaid That if any Person shall be falsly mustered or offer himselfe falsly and deceitfully to be mustered every such Person upon proof thereof made upon Oath by Two Witnesses before the next Justice of the Peace of the County where such Muster shall be made and every such Person so falsly mustered or offering to be falsly mustered upon Certificate thereof in Writing under the Hand of the Commissary of the Musters or Chief Magistrate as aforesaid 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 Ten days and to have his Ear cut off by the Goaler or Keeper of such House of Correction And if any Person shall wittingly or willingly lend or furnish a Horse to be mustered which shall not truly belong to the Trooper or Troop so mustered the said Horse so falsly 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 forfeit the sum of Twenty pounds upon Oath made by Two Witnesses before the next Justice of the Peace.
XIII. Penalties how paid and distributed.
Goods in what case seized; Soldier informing may be dismissed.
And be it also further enacted by the Authority aforesaid That the said Forfeiture shall be to such Person or Persons that shall informe immediately to be paid out of the arrears of such Officers Pay as shall knowingly so offend upon conviction before the Court Martial by Order of the said Court to the Pay-master if such Officer so offending shall have any Arrear and if there shall be no arrear the Court Martial shall im[m]ediately give order to seize the Goods of such Officer so offending and sell them for payment of such forfeiture to the Informer rendring the Overplus to the Owner And if such Officer so offending shall have no Goods that then he shall be sent to the Co[m]mon Goal there to remain without Bail or Mainprize for the space of Six months And the said Court Martial is hereby obliged to discharge such Informer if a Soldier from any further Service if he shall demand the same
XIV. Paymaster, Agent, &c. detaining Pay or Allowance.
Officer refusing to pay Soldier; The several Rates; Penalty 100 and Punishment; Soldier imforming may be dismissed.
And be it further enacted That if any Pay-master Agent or Clerk of any Regiment Troop or Company shall wilfully detain or with-hold by the space of One month the Pay of any Officer or Soldier (Cloaths and all other just Allowances being deducted) after such Pay shall be by him or them received or if any Officers having received their Soldiers Pay shall refuse to pay each respective co[m]mon Soldier their respective Pay when it shall become due att the rate of Seventeen shillings and six pence a week for each Corporal of Light Horse Fourteen shillings a week for each Trumpeter and private Trooper Eight shillings and two pence a week for each Dragoon Seven shillings a week to each Serjeant Five shillings a week to each Corporal and Drummer and Four shillings a week to each private Soldier of Their Majesties two Regiments of Foot Guards and Six shillings a week to each Serjeant Foure shillings and six pence a week to each Corporal and Drummer and Three shillings a week for each Foot Soldier of the Army And alsoe over and above the said Three shillings by the week att the end of every Two months shall account for six pence by the week to each Foot Soldier of the said Army the said six pence per week being the remainder of the Subsistence of each Foot Soldier That upon proof thereof before a Court Martial as aforesaid every such Pay-master Agent Clerk and Officer so offending shall be discharged from his imployment and shall forfeit to the Informer upon conviction before the said Court Martial One hundred pounds to be raised as aforesaid and shall be thereby utterly disabled to have or hold any Civil or Military Office or Imployment within this Kingdom or in Their Majesties Service And the Informer if a Soldier if he demand it shall be and is hereby discharged of any further Service Any thing in this Act contained to the contrary notwithstanding.
XV. Commander to bring at Muster Certificate of Absentees.
Signing false Certificates; Punishment.
And it is hereby enacted and declared That the Co[m]manding Officer of every Troop or Company att the time of Muster shall bring in a Certificate signed of the Names of such persons as are sick or have leave to be absent upon Furlows and of such persons as are dead and deserted since the last Muster with the [day (fn. 3) ] of their deaths or desertions And if such Certificate shall prove false upon conviction thereof before a Court Martial the Officer signeing 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. Officer 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 Martial 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 by 3 Car. I. recited.
31 Car. 11. c. I. recited;Constables, &c. may during the War quarter Officers and Soldiers upon Inns, &c; Not to be more Billets than Soldiers; Billetting in private Houses without Consent of Owner; Remedy; Military Officer threatening Constable, &c; Punishment.
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 Laws to be burthen'd with the sojourning of Soldiers against their Wills And by a Clause in one Act of Parliament made in the One and thirtieth yeare of the Reigne of King Charles the Second for granting a Supply to His Majestie of Two hundred and six thousand four hundred and sixty two pounds seventeen shillings and three pence for paying and disbanding the Forces it is declared and enacted That no Officer Military or Civil nor any other Person whatsoever shall from thenceforth presume to place quarter or billet any Soldier or Soldiers upon any Subject or Inhabitant of this Realm of any degree quality or profession whatsoever without his consent and that it shall and may be lawfull for any such Subject [Sojourner (fn. 4) ] and Inhabitant to refuse to quarter auy Soldier or Soldiers notwithstanding any Co[m]mand Order Warrant or Billetting whatsoever But forasmuch as att this present time there is a War against France whereby there is occasion for the marching of many Regiments Troops and Companys in several parts of this Kingdom towards the Sea costs and otherwise Be it further enacted by the Authority aforesaid That for and dureing the continuance of this Act and no longer it shall and may be lawfull for the Constables Tythingmen Headboroughs and other chief Officers and Magistrates of Cities Townes and Villages and other Places in the Kingdom of England Dominion of Wales and Towne of Berwick upon Tweed and for no others to quarter and billet the Officers and Soldiers in their Majesties Service in Inns Liverie Stables Alehouses Victualling houses and all Houses selling Brandy Strong Waters Cyder or Metheglin by Retail to be drunk in their Houses and no other and in no private Houses whatsoever nor shall any more Billets att any time be ordered then there are effective Soldiers present to be quartered And if any Constable Tythingman or such like Officer or Magistrate as aforesaid shall presume ( (fn. 5) ) 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 att Law against such Magistrate or Officer for the damage that such Owner or Occupier shall sustain thereby And if any Military Officer shall take upon him to quarter Soldiers otherwise then is limitted and allowed by this Act or shall use or offer any menace or compulsion to or upon any Mayors Constables or other Civil Officers before mentioned tending to deter or discourage any of them from performing any part of their Duty hereby required or appointed such Military Officers shall for every such Offence being thereof convicted before any two or more Justices of the Peace next adjoyning by the Oath of two credible Witnesses and the said Justices Certificate thereof to the Judge Advocate who is hereby obliged to certifie the same to the next Court Martial upon such Certificate be deemed and taken to be ipso facto cashiered and shall be utterly disabled to have or hold any Military Employment within this Kingdom or in Their Majesties Service.
XVIII. Justices in Sessions to assess the Rates of Quarters.
Provided neverthelesse and it is hereby enacted That the Officers and Soldiers so 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 or Division or place within their respective Jurisdictions And the Justices of the Peace aforesaid are hereby empowred 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 only in such places. as shall be appointed for their residence and quarters.
XIX. Officer taking Money for excusing Persons quartering; Punishment.
Provided always and be it enacted That if any Officer shall take or cause to be taken or knowingly suffer, to be taken 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 shall be cashiered and made incapable of [service (fn. 6) ] in any Military Employment whatsoever.
XX. Paymaster, Secretary of War, &c. not to take Fees, or deduct from Pay.
And be it further enacted by the authority aforesaid That from and after the Tenth day of March One thousand six hundred ninety two no Pay-master of the Army Secretary of War Comissary 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 Majesties Army or from their Agents which shall grow due from and after the Tenth day of March One thousand six hundred ninety two other then the usuall deductions for Cloathing and the Twelve pence in the pound to be disposed as their Majesties shall think fitt and the one days pay in the year for the use of the Royal Hospital att Chelsey.
XXI. Act to be read at Muster.
And be it further enacted That this Act shall be read att the head of every respective Regiment Troop or Company att every respective muster by the Commissary or Muster master before such muster shall be made that no Soldier may pretend ignorance.
XXII. Officers receiving Subsistence Money to give Notice thereof to Innkeepers, &c.
Innkeepers to inform Officers of Accounts, &c. to be paid out of Subsistence Money; The Rates; Remedy against Officer not paying; Where they have no Subsistence Money, &c. the Officer to sign the Account, and the Paymaster of the Army to pay it; Penalty.
And that the Quarters both of Officers and Soldiers may hereafter be duely paid and satisfied and their Majesties [Duty (fn. 7) ] of Excise [the (fn. 8) ] better answered Be it enacted by the authority aforesaid That from and after the Tenth day of March which shall be in the yeare of our Lord One thousand six hundred ninety two every Officer or Officers to whom it belongs to receive or that does actually receive the Pay or Subsistence money either for a whole Regiment or particular Troops or Companies or otherwise shall immediately upon each receipt of every particular Sume which shall from time to time be paid returned or come to his or their hands on account of Pay or Subsistence give publick notice thereof to all persons keeping Inns or other places where Officers or Soldiers are quartered by virtue of this Act and shall alsoe appoint the said Inn keepers and others to repair to their quarters att such times as they shall appoint for the distribution and payment of the said Pay or Subsistence money to the Officers and Soldiers which shall be within Foure days att furthest after the receipt of the same as aforesaid And the said Innkeepers and others shall then and there accquaint such Officer or Officers with the accompts or debts (if any shall be) between them and the Officers and Soldiers so quartered in their respective Houses which Accompts the said Officer or Officers are hereby required to accept of and immediately pay the same before any part of the said Pay or Subsistence be distributed either to the Officers or Soldiers. Provided the said Accompts exceed not for a Commission Officer of Horse being under the degree of a Captain for such Officers Diet and Small Beer and Hay and Straw for his Horse per diem Two shillings Nor for one Commission Officer of Dragoons being under the degree of a Captaine for such Officers Diet and Small Beer and Hay and Straw for his Horse per diem One shilling six pence Nor for one Commission Officer of Foot under the degree of a Captain for such Officers Diet and Small Beer per diem One shilling and if such Officer shall have Horse or Horses for each such Horse or Horses per diem Six pence Nor for one Light Horsemans Diet and Small Beer and Hay and Straw for his Horse per diem One shilling Nor for one Dragoons Diet and Small Beer and Hay and Straw for his Horse per diem Nine pence Nor for one Foot Soldiers Diet and Small Beer per diem Foure pence And if any Officer or Officers as aforesaid shall not give notice as aforesaid and shall not immediately upon the produceing such Accompts stated satisfie content and pay the same upon Complaint and Oath made thereof by any two credible Witnesses att the next Quarter Sessions for the County or City where such Quarters were (which Oath the Justices of Peace att such Sessions are hereby required and authorized to administer) the Pay-master or Pay-masters of Their Majesties Forces are hereby required and authorized upon Certificate of the said Justices (before whom such Oath was made of the sums due upon such Accompts and the Persons to whom the same is oweing to satisfie and pay the said sums out of the Arears due to the said Officer or Officers upon Penalty that such Pay-master or Pay-masters shall forfeit and lose their respective place or places as Pay-master or Paymasters and be disabled from holding the same for the future And in case there shall be no Arrear due to the said Officer or Officers then the said Pay-master or Pay-masters are hereby required and authorized to deduct the sums he or they shall pay pursuant to the Certificate of the said Justices out of the next Pay or Subsistence money of the Regiment to which such Officer or Officers shall belong and such Officer or Officers shall for such their Offence or for neglecting to give notice of the receipt of such Pay or Subsistence money as aforesaid be deemed and taken and are hereby declared [to be (fn. 9) ] ipso facto cashiered And where it shall happen that the Subsistence due to any Officer or Soldier shall by reason of any Accident not be paid to such Officer or Soldier or such Officer or Soldier shall neglect to pay the same so that the Quarters cannot be or are not paid as this Act directs And where any Horse Foot or Dragoons shall be upon there march so that no Subsistence can att present be remitted unto them to make payment as this Act directs or they shall neglect to pay the same in every such case it is hereby further enacted That every such Officer shall before his or their departure out of his or their Quarters where such Regiment Troop or Company shall remain for any time whatsoever make upp the Accompt as this Act directs with every Person with whom such Regiment Troop or Company hath quartered before he leave that Quarter and give the said Certificate by him signed to the Party to whom such money is due with the name of such Regiment Troop or Company to which he or they shall belong to the end the said Certificate may be forthwith transmitted to the Pay-master or Pay-masters of His Majesties Army who is or are hereby required imediately to make payment thereof to the Person or Persons to whom such money shall be due to the end the same may be applied to such Regiment Troop or Company respectively under pain as is before in this Act directed for Non-payment of Quarters.
XXIII. Musters in Westminster, &c. made before Two Justices.
And be it further enacted That no Commissary shall muster any Forces within the City of Westminster and Borough of Southwark and Liberties thereof but in the presence of Two Justices of the Peace not being Officers in the Army under the forementioned Penalty.
XXIV. Jersey, &c. within the Act.
And be it further enacted by the Authority aforesaid That this Act shall be construed to extend to the Islands of Jersey and Guernsey as to the Clauses therein for Mustering and Paying and the Penalties thereunto belonging.
XXV. Clothes, &c. to be bought in England.
Provided always and be it [further (fn. 10) ] enacted That all Cloaths Arms and Accoutrements of War belonging to the Horse Foot and Dragoons in Their Majesties Pay and Service who receive English Pay shall be bought in the Kingdom of England Dominion of Wales and Towne of Berwick upon Tweed and not elsewhere And every Officer or Person who shall offend herein (upon Proof made in that behalf) shall be cashiered.
XXVI. Muster Master to return a Roll of Muster to Paymaster General.
And be it further enacted by the Authority aforesaid That the Commissary General of the Musters or his Deputies shall upon every Muster taken by him or them respectively of any Regiment Troop or Company in Their Majesties Service close the Muster Rolls of the said Regiment Troop or Company upon the place the same day the said Muster is taken and shall return one of every the said Rolls so taken in Parchment to the Pay-master General of Their Majesties Forces the next day after the said Rolls shall be respectively closed if in London or within Twenty Miles distance [of (fn. 11) ] the same and if [a (fn. 12) ] further distance by the next Post after the said Rolls shall be so respectively closed upon pain of forfeiting their respective Employments.
XXVII. Justices may order Constables to provide Carriages.
Rates of Carriages to be paid down; Officer forcing Carriage to travel too far; or suffering Soldiers, &c. to ride; or forcing Persons to provide; Penalty 5.
And it is further enacted by the authority aforesaid for the better and more regular provision of Carriages for their Majesties Forces in their marches in this Kingdom of England Dominion of Wales and Towne of Berwick upon, Tweed That all Justices of the Peace within their several Counties Ridings Divisions and Liberties being duely required thereunto by an Order from his or her Majesty shall as often as such Order is brought and shewn unto one or more of them (by the Quarter-master Agent or other Officer of the Regiment Detachment Troop or Company then marching) issue out his or their Warrants to the Constables or Petty Constables of the Division Riding Liberty or Hundreds next adjacent requiring them to make such provision of Carriages as is mentioned in the said Warrant allowing them sufficient time to do the same that the neighbouring parts may not always bear the burthen And the aforesaid Officer or Officers who by virtue of the aforesaid Warrant from the Justice of the Peace do demand the Carriage or Carriages therein mentioned of the Constable to whom the Warrant is directed is and are hereby required att the same time to pay down in hand to the said Constable the sum of Eight pence for every mile any Wagon with five Horses shall travel loaden and the ( (fn. 13) ) sum of Eight pence for every mile any Waine with six Oxen or four Oxen and two Horses shall travel loaden and the sum of Six pence for every mile any Cart with foure Horses shall travel loaden and so in proportion for lesser Carriages And if any Military Officer or Officers for the use of whose Troop or Company the Carriage was provided shall force and constraine any Wagon Waine Cart or Carriage to travel more then one days journey or shall not discharge the same in due time for their returne home or shall suffer or connive att his or their Soldiers or Servants (except such who are sick or wounded) or any Women to ride in the Wagon Waine Carts or Carriage aforesaid or shall force any Constable or Petty Constable by threatning and menacing words to provide Saddle Horses for themselves or Servants or shall force Horses from the Owners by themselves Servants or Soldiers shall for every such offence forfeit the Sum of Five pounds proof thereof being made upon Oath before two of their Majesties Justices of the Peace of the same County or Riding who are to certifie the same to the Pay-master General of Their Majesties Forces who is hereby required to pay the aforesaid sum of Five pounds. according to the Order and appointment under the Hands and Seales of the aforesaid Justices of the Peace who is hereby impowered to deduct the same out of such Officers Pay.
XXVIII. Officers quartering Wives, &c.
If Officer or Soldier, cashiered; If Constable, &c; Penalty 20s.
And whereas great abuses are frequently comited by the liberty taken by some Officers and Soldiers to quarter their Wives Children and made Servants in their Quarters contrary to the purport and meaning of this Act Be it enacted by the Authority aforesaid That if any Officer Military or Civil by this Act authorized to quarter Soldiers in any Houses hereby appointed for that purpose shall att any time dureing the continuance of this Act quarter any of the Wives Children or Maid Servants of Officer or Soldier in any such Houses against the consent of the Owners the party offending if ( (fn. 14) ) Officer or Soldier of the Army shall upon complaint and proof thereof made to the Commander in Chief of the Army or Judge Advocate be ipso facto cashiered and if a Constable Tythingman or other Civil Officer he shall forfeit to the party grieved the Sum of Twenty shillings upon complaint and proof thereof made to the next Justice of Peace of the place to be levied by Warrant of such Justice by distresse and sale of his Goods rendring the overplus to the party after deduction of reasonable Charges in takeing the same.
XXIX. Officer or Soldier destroying the Game.
Penalty on Officer, 5; and on Commanding Officer for every Soldier 10s; Penalties not paid; Punishment.
And forasmuch as the Game has of late years been very much destroyed by the Officers and Soldiers in or near such places as they have been quartered in Be it therefore enacted by the Authority aforesaid That if from and after the said Tenth day of March One thousand six hundred ninety two any Officer or Soldier shall without the leave of the Lord of the Mannor under his Hand and Seal first had and obtained take kill or destroy any Hare Coney Phesant Partridge Pigeon or any other sort of Fowl or Poultry or Fish or Their Majesties Game within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed and upon complaint thereof shall be upon Oath of one or more Witnesse or Witnesses convicted before any Justice or Justices of the Peace who is and are hereby impowred and authorized to hear and determine the same (that is to say) every Officer so offending shall for every such offence forfeit the Sum of Five pounds to be distributed amongst the Poor of the place where such offence shall be committed And every Officer co[m]manding in Chief upon the place for every such offence committed by any Soldier under his Command shall forfeit the Sum of Ten shillings to be paid and distributed in like manner as aforesaid And in case [of (fn. 15) ] Conviction made by the Justice of Peace and demand thereof also made by the Constable or Overseer of the Poor such Officer shall refuse or neglect and not within Two days pay the said respective penalties such Officer so refuseing or neglecting shall and is hereby declared to have forfeited his Commission and his said Commission is hereby made null and void.
XXX. How Accounts are to be kept betwixt Paymaster of the Army and Colonel of every Regiment, &c.
And be it enacted That there shall be an exact accompt of all [moneys (fn. 16) ] due according to the Muster Rolls to every Regiment in Their Majesties Service made upon the First day of July in the year of our Lord One thousand six hundred ninety three or six day's after between the Pay-master General of the Army for the time being and Colonel of every such Regiment or the Agent by such Colonel respectively appointed and authorized to receive the Pay thereof from the First of March in the year of our Lord One thousand six hundred ninety two to the last of Aprill One thousand six hundred ninety three both inclusive and so successively from time to time when Foure Months become due an Account shall be stated as aforesaid for the two preceeding months And after the said Account shall be so made upp and perfected it shall be registred in a Booke to be kept for that purpose in the Pay-Office and there subscr[ib (fn. 17) ]ed by such Pay-master General or his Deputy and the Colonel or Agent of the Regiment who together with the said Pay-master made upp the same And a Duplicate thereof by them respectively signed shall be given to the said Colonel or Agent without any Fee or Reward to be paid for the same Which Colonel or Agent shall deliver to each Captain of the Regiment an Account of so much thereof as respectively appertaineth to him and his Troop or Company and the inferior Officers and Soldiers thereof And the ballance which shall remain upon [makeing up (fn. 17) ] every such Account as aforesaid and alsoe all other money as shall then become due to every such Regiment shall be by the said Pay-master General paid to the said Colonel or Agent respectively att such time as His or Her Majesty shall direct And the Pay-master General for the time being offending herein shall lose and forfeit for every such offence the Sum of One hundred pounds to any person or persons who will sue for the same in any of Their Majesties Courts of Record and if any Deputy of the said Pay-master or any Agent of a Regiment shall offend in the premisses upon proofe thereof made to a Court Martial such Deputy or Agent shall ipso facto loose his place And if any Colonel of a Regiment shall offend therein such Colonel shall forfeite for every such offence the su[m]me of One hundred pounds to any person or persons who will sue for the same to be recovered as aforesaid
XXXI. Warrant to take off Respites countersigned by the Treasury.
And be it further enacted by the Authority aforesaid That no Warrant to take off the Respitts from any Muster Rolls shall bee allowed by any Pay-master dureing the continuance of this Act unlesse the same be countersigned by the Lords Commissioners of Theire Majesties Treasury or Lord High Treasurer of England for the time being