Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of 4 & 5 W. & M.c 13
Whereas an Act was made in the last Session of this present Parliament entituled An Act for punishing Officers and Soldiers who shall mutiny or [deser (fn. 1) ] their Majesties Service and for punishing false musters and for payment of Quarters to continue and bee in force until the First day of March in the yeare of our Lord One thousand six hundred ninety three and noe longer. And 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 by their Majesties and this present Parliament That dureing this time of Warr several of the Forces which [of (fn. 2) ] are now on foot should bee continued and others raised for the safety of this Kingdom for the common defence of the Protestant Religion and for the carrying on the Warr against France. And whereas noe man may bee forejudged of Life or Limb or subject to any kind of punishment by martial Law or in any other manner than by the judgement of his Peers and according to the knowne and established Laws of this Realme, Yett neverthelesse it being requisite for the retaining such Forces as are or shall bee raised dureing this exigence of affaires in their duty that an exact discipline bee 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 than the usual forms of the Law will allowe. Bee it therefore enacted by the King and Queens most excellent 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 the said Act and every clause matter and thing therein contained shall bee and continue and is hereby declared and enacted to bee and continue in full force and virtue to all intents constructions and purposes from the First day of March One thousand six hundred ninety three until the First day of March which shall bee in the yeare of our Lord One thousand six hundred ninety foure and noe longer.
II. Soldiers to be listed before a Justice of Peace, &c.
Military Officer offending; ; Penalty.; Justice of Peace to give a Certificate of listing to Military Officer and Duplicate to Clerk of the Peace, gratis.
And to the end that noe Man may bee forced into forreigne service or compelled without his free consent to bee listed in any Troop or Company of their Majesties Land Forces Bee it enacted by the authority aforesaid That noe person that shall bee listed for the Land Service att any time after the First day of March One thousand six hundred ninety three shall bee esteemed a listed Soldier as aforesaid or bee subject to any of the pains and penalties of this Act or any other penaltie for his behaviour as a Soldier that shall not have been brought before a Justice of the Peace not being an Officer in the Army or Chief Magistrate of some City or Towne Corporate or High Constable or Petty Constable in the Hundred or Division where the person shall bee listed and before such Justice Magistrate or High Constable or Petty Constable declare his free consent to bee listed or mustred as a Soldier before hee shall bee listed or mustred or inserted in any muster roll of a Regiment Troop or Company as aforesaid And every Military Officer that shall offend herein shall incurr the like penalty and forfeiture as is by the said continued Act to bee inflicted upon any Officer for makeing a false and untrue muster and the Forfeiture shall bee recovered in the same manner as forfeitures by the said Act. Provided always That the Justice of Peace Magistrate or High Constable or Petty Constable before whom such Soldier shall bee listed shall give the Officer gratis a Certificate thereof under his hand which shall bee by such Officer under whom hee shall bee listed produced to the Muster Master att the next muster to bee taken of such Troop or Company and bee by him registred as part of the muster roll for the same And such Justice of Peace Magistrate or High Constable [or Petty Constable (fn. 1) ] shall and is hereby required to deliver a duplicate of such his Certificate to the Clerk of the Peace att the next Quarter Sessions of the Peace to bee held for the place to bee there by him recorded without any fee or reward for soe doeing.
II. False Musters;
Provided always and bee it enacted That the proof of any persons being falsly mustred or offering himselfe to bee falsly mustred contrary to the said Act may bee made by Two witnesses before any Justice of the Peace of any County City or Towne Corporate where such Offender shall bee taken or first accused for the said Offence and upon such proof being duely made or the voluntary confession of the pty offending every such Justice shall and is hereby required to punish ( (fn. 2) ) such offender according to the directions of the said Act.