Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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§6.; and that it had been found necessary to draw out the Soldiers, and charge Pay in Hand, though former Pay not reimbursed; Lieutenants and Deputy Lieutenants, &c. authorized, before 24th June 1699, to draw out Soldiers, and to charge Pay in Hand as if Pay before advanced had been reimbursed.
Whereas by an Act of Parliament made in the Session held in the Thirteenth and Fourteenth Years of the Reign of the late King Charles the Second intituled An Act for ordering the Forces in the several Counties of this Kingdom it was amongst other things enacted That in case of Invasions Insurrections or Rebellions whereby occasion should be to draw out the Soldiers mentioned and appointed in and by the said Act into actual Service the Persons charged by the said Act with Horses Horsemen and Armes should provide each their Soldier respectively with Pay in Hand not exceeding One Months Pay as should be in that behalf directed by the respective Lieutenants of the several Counties and in their Absence or otherwise by their Direction by their Deputies or any Two or more of them for Repayment of which said Moneys and for Satisfaction of the Officers for their Pay dureing such time not exceeding One Month as aforesaid as they should be with their Soldiers in such actual Service it was thereby declared That Provision should be made for the same by His said Majesty His Heirs and Successors out of His or their Publick Treasury or Revenue Nevertheless it was thereby further provided and enacted That in case a Months Pay should [not (fn. 4) ] be provided and advanced as aforesaid that no Person who should have advanced his proportion thereof should be charged with any other like Months Payment until he or they should have been reimbursed the said Months Pay and so from time to time the said Months Pay by him or them last before provided and advanced as aforesaid And whereas upon several occations it hath been found necessary for the Publick Defence and Safety to draw out the said Soldiers into actual Service and to charge the said Persons to provide each their Soldier respectively with Pay in Hand although the Months Pay by several of them before that time provided and advanced was not nor could be reimbursed and whereas the like occasion may possibly happen Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice [& Consent (fn. 1) ] of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That if at any time before the Four and twentieth Day of June One thousand six hundred ninety nine it shal be found by His Majesty to be necessary for the Defence and Safety of this Kingdom to draw out the [said (fn. 5) ] Soldiers into actual Service and the same shal be declared and signifyed to the respective Lieutenants or Deputy Lieutenants and the Lord Warden of the Cinque Ports Two antient Towns and their Members or in his Absence his Lieutenant or Lieutenants by His Majesty it shal be lawful for the said Lieutenants or their Deputies or any Three or more of them as aforesaid and the Lord Warden of the Cinque-Ports Two Antient Towns and their Members or in his Absence his Lieutenant or Lieutenants in pursuance of such Orders from His Majesty notwithstanding ( (fn. 6) ) One or more Months Pay before that time advanced be not reimbursed to raise and draw out the said Soldiers into actual Service and to cause the Persons charged as aforesaid to provide each their Soldier with Pay in Hand not exceeding One Monthes Pay in such manner as if all the Pay before that time advanced and provided had been fully reimbursed and paid.
II. 1 W. & M. c. 8.
Where Papist, or Persons refusing to take the Oaths of 1 W. & M. c. 8., are chargeable to find Horse or Foot Soldiers and Arms, Lieutenants, &c. may charge the Estates of such Persons as herein mentioned; Such Papist, &c. refusing, &c. to pay, Distress; Tenant paying may deduct out of Rent.
And whereas Papists reputed Papists and such Persons as doe or shal refuse to take the Oaths mentioned in an Act of Parliament made in the First Year of the Reign of King William and Queen Mary intituled An Act for abrogating the Oath of Supremacy and Allegiance and appointing other Oaths which lawfully tendered to them are not thought fit to be intrusted with setting out Horses and Armes in the Militia of this Kingdom Be it enacted by the Authority aforesaid That where any Papist or reputed Papist or other Person refuseing to take the Oaths as aforesaid are in respect of their Estates charged or chargeable to the finding any Horse Horseman and Armes or any Foot Soldier and Armes the Lieutenant or Lieutenants or in their Absence the Deputy Lieutenants of and for the County Ryding Division or Place where such Estats do lye or Three or more of them are hereby authorized and impowred to nominate and appoint such Person or Persons as they shall think most meete and proper to furnish and sett forth one or more Horse Horsemen and Arms or Foot Souldiers and Arms for the said Estates and shal and may charge the same Estates with the Payment of the Yearly Sums hereafter mentioned (that is to say) for a Horse Horseman and Arms the Sum of Eight Pounds and for every Foot Soldier and Arms the Sum of Thirty Shillings to be paid to the Persons that shal furnish and set forth the same and in case such Papist or reputed Papist or Person refusing to take the Oaths as aforesaid shal neglect or refuse to pay the same upon Demand It shal and may be lawful to and for the said Lieutenants or Three or more of the said Deputy Lieutenants by Warrant under their Hands and Seals to levy the same by Distress and Sale of the Goods of such Papist or reputed Papist or Person refusing to take the Oaths as aforesaid or upon his and their several and respective Tenant or Tenants and the remaining Arrears from the said Persons refusing the Discharge thereof for the like Services already performed to be adjudged and determined by Three Deputy Lieutenants or more of them rendring the Overplus to the Party so distrained all necessary Charge in levying thereof being first deducted and the Tenant or Tenants so paying or distrained on as aforesaid shall and are hereby impowred to deduct the same out of the Rents payable for the said Estates.
III. When Two or more Persons charged to find Soldiers and Arms, Three Deputy Lieutenants may appoint the finding and settle the Contribution.
Person charged as Contributor refusing to pay.; Distress.; Tenant paying empowered to deduct out of Rent.
And be it further enacted by the Authority aforesaid That where Two or more Persons are charged to find any Horse [or (fn. 5) ] Foot Soldier and Arms It shal and may be lawful to and for any Three or more Deputy Lieutenants of the same County Ryding Division Limitts of the Cinque Ports or other Places to direct and appoint who shal find the Horse and Arms or Foot Soldier and Arms and who shal be the Contributors and to settle the Sums of Money to be paid by every Contributor in case the same Contribution be not ascertained by Agreement of the Parties and if any Person so charged as a Contributor being Inhabitant of the said County Riding Division Limitts of the Cinque Ports or other Place shall refuse to pay his Proportion upon Demand or in case he be not an Inhabitant in that County Riding Division Limitts of the Cinque Ports or other Place his Tenant or Tenants whose Estate is charged with the same Proportion shall neglect or refuse to pay his said Proportion upon Demand that then it shal and may be lawful to and for Three [or (fn. 5) ] more Deputy Lieutenants of the said County Riding Division Limitts of the Cinque-Ports or other Place by Warrant under their Hands and Seals to levy such Sum and Sums of Money by Distress and Sale of the Goods of the Person so neglecting or refusing to pay if he be an Inhabitant of the same County Riding Division Limits of the Cinque-Ports or other Place ( (fn. 7) ) in case he dwell out of the County Riding Division Limitts of the Cinque-Ports or other Place then by Distress and Sale of the Goods of his Tenant or Tenants [or (fn. 8) ] the Estate charged with the same Proportion rendring the Overplus to the Party all necessary Charge in levying thereof being first deducted and the Tenant and Tenants is and are hereby authorized and impowred to deduct and defaulk the Sum so charged out of the Rent by him or them payable to his or their Landlord and the Sum so levyed shal be paid according to the Direction of the Warrant of such Three or more Deputy Lieutenants.