BHO

William III, 1701: An Act for punishing of Officers and Soldiers that shall mutiny or desert in England or Ireland. [Chapter II. Rot. Parl.13 & 14 Gul. III. n.2.]

Pages 733-739

Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.

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Citation:

In this section

Raising or keeping a standing Army in Peace, without Consent of Parliament, against Law.

Officer or Soldier mutinying or exciting Mutiny, or deserting,; Punishment

Whereas the raising or keeping a standing Army within this Kingdom in Time of Peace unless it be with Consent of Parliament is against Law And whereas it is judged necessary by His Majesty and this present Parliament that several of the Forces which are now on Foot should be continued and others raised for the Safety of this Kingdom and for the Common Defence of the Protestant Religion and for the Preservation of the Liberties of Europe 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 than by the Judgment of his Peers and according to the known and established Laws of this Realm yet neverthelesse it being requisite for the retaining such Forces as are or shall be raised during this Exigence of Affairs in their Duty that an exact Discipline be observed and that Soldiers who shall mutiny or stir up Sedition or shall desert His Majesties Service be brought to a more exemplary and speedy Punishment than the usual Forms of the Law will allow Be it therefore enacted by the Kings most Excellent Majesty 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 Twentieth Day of February in the Year of our Lord One thousand seven hundred and one every Person being in His Majesties Service in the Army and being mustered and in Pay as an Officer or Soldier who shall at any Time before the Five and twentieth Day of March in the Year of our Lord One thousand seven hundred and three excite cause or joyn in any Mutiny or [Desertion (fn. 1) ] in the Army or shall desert His 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 himself into any other Regiment Troop or Company without a Discharge produced in Writing from the Captain or the Officer commanding [in Chief (fn. 2) ] the Troop or Company in which he last served as a listed Soldier shall suffer Death or such other Punishment as by a Court Martial shall be inflicted

II. Power to assemble Courts Martial.

And it is hereby further enacted and declared That His Majesty or the General of His Army for the Time being may by vertue of this Act have full Power and Authority to grant Commissions to any General Lievetenant General or other Officer (not under the Degree of a Field-Officer or Commander in Chief of a Garrison) from time to time to call and assemble Court Martials for punishing such Offences as aforesaid

III. Number of Officers composing Courts Martial.

And it is hereby further enacted and declared That no Court Martial which shall have Power to inflict any Punishment by vertue of this Act for the Offences aforesaid shall consist of fewer than 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 Commander in Chief of the Garrison where the Offender shall be tryed

IV. Field Officer how tried.

Court may administer Oath.

Provided always That no Field Officer shall be tryed 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 ordinary Process.

Provided always That nothing in this Act contained shall extend or be construed to exempt any Officer or Soldier whatsoever from the ordinary Processe of the Law.

VI. Proviso for Militia.

Provided 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. On Trial of Offences punishable by Death,; Members to take an Oath.

Provided always and be it enacted That in all Tryals of Offenders by Courts Martial to be held by vertue of this Act where the Offence may be punished by Death every Officer present at 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)

Form.

You shall well and truly try and determine according to your Evidence in the Matter now before you between our Sovereign Lord the Kings Majesty and the Prisoner to be tryed. So help [me (fn. 3) ] God

VIII. What Number of Members to be present when Sentence of Death pronounced.

Hours of Proceeding.

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 greater Number of Officers present then the Judgment shall passe by the Concurrence of the greater Part of them so sworn which major Part shall not be less then Nine and not otherwise And no Proceedings Tryal or Sentence of Death shall be had or given against any Offender but between the Hours of Eight in the Morning and One in the Afternoon

IX. Giving false Certificate for Absence of Soldiers.

Penalty £50, cashiered, and Disability.

And for preventing of Fraud and Deceit 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 (fn. 4) ] for their Absence from any Muster or other Service which they ought to attend or perform upon a Pretence of Sicknesse or other Cause that then every such Person so making giving or procuring such Certificate shall forfeit for every such Offence the Sum of Fifty Pounds and shall be forthwith cashired 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 His Majesties Service

X. Officer making false Muster, and Commissary allowing Muster Roll,

Cashiered, Disability, and Penalty £100.

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 sign 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 His Majesties Service and shall likewise forfeit the Sum of One hundred Pounds.

XI. Commissary to give Notice before Muster, and assist in discovering false Musters.

Neglecting, &c. or refusing Aid of Mayor, &c; Penalty £50 and discharged; Muster Roll to be signed by Mayor, &c.

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 at 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 making or taking 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. Offering to be falsely mustered, &c.

Upon Certificate thereof,; committed to the House of Correction; Furnishing Horse not belonging to Troop, Horse forfeited, or Penalty £20.

And be it further enacted by the Authority aforesaid That if any Person shall be falsly mustered or offer himself 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 offered 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 remain for the Space of Ten Days and to have his Ear cutt 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 Summe of Twenty Pounds upon Oath made by Two Witnesses before the next Justice of the Peace

XIII. Penalties how paid and distributed.

Goods of Offender in what Case seized; If no Goods, sent to the Common Gaol.

And be it also enacted by the Authority aforesaid That the said Forfeiture shall be to such Person or Persons that shall inform immediately to be paid out of the Arrears of such Officers Pay as shall knowingly so offend upon Conviction before the Court Marshall by order of the said Court to the Paymaster if such Officer so offending shall have any Arrear and if there shall be no Arrear the Court Martial shall immediately 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 then he shall be sent to the Common 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, &c. of Regiment detaining Pay or Allowances;

Officer refusing to pay Soldier, &c. at the Rates herein mentioned; Penalty £100 and Disability.; Informer, if a Soldier, discharged.

And be it further enacted That if any Paymaster Agent or Clerk of any Regiment Troop or Company shall willfully detain or withhold by the Space of One Month the Pay of any Officer or Soldier (Clothes and all other just Allowances being deducted) after such Pay shall be by him or them recieved or if any Officers having received their Soldiers pay shall refuse to pay each respective common Soldier their respective Pay when it shall become due at the Rate of Seventeen Shillings and Sixpence 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 Sergeant Five Shillings a Week to each Corporal and Drummer and Four Shillings a Week to each Private Soldier of His Majesties Two Regiments of Foot Guards and Six Shillings a Week to each Sergeant Four Shillings and Six Pence a Week to each Corporal and Drummer and Three Shillings a Week for each Foot Soldier of the Army And also over and above the said Three Shillings by the Week at 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 Paymaster 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 His 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. Commanding Officer of Troop to bring at Muster Certificate of Absentees.

Signing false Certificate, Punishment.

And it is hereby enacted and declared That the Commanding Officer of every Troop or Company at the Time of Muster shall bring in a Certificate signd 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 Days of their Deaths or Desertions And if such Certificate shall prove false upon Conviction thereof before a Court Martial the Officer signing 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. Officers mustering Servants, &c.

Punishment.

And it is hereby further enacted That if any Officer shall muster any Person that is a Servant or recieves Wages from any Officer, or that shall attend any Officer [as a Servant (fn. 5) ] 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. Recital of Petition of Right and of Stat. 31 Car. II. c.1.§ 32.

Constables, &c., may billet Officers and Soldiers in Inns, &c; Billetting in Private Houses without Consent of Owner,; Remedy; Officers quartering Soldiers contrary to Act, or menacing, &c. Civil Officers performing their Duty,; cashiered and disabled.

And whereas by the Petition of Right in the Third Year of King Charles the First itt is enacted and declared That the People of this Land are not by the Laws to be burthened with the sojourning of Soldiers against their Wills And by a Clause in one Act of Parliament made in the One and thirtieth Year of the Reign of King Charles the Second for granting a Supply to His Majesty 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 billett 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 and Inhabitant to refuse to quarter any Soldier or [Soldiers (fn. 6) ] notwithstanding any Command or Warrant or billetting whatsoever But forasmuch as at this present Time there is occasion for the marching of many Regiments Troops and Companies in several Parts of this Kingdom towards the Sea Coast and otherwise Be it further enacted by the Authority aforesaid That for and during the Continuance of this Act and no longer it shall and may be lawfull for the Constables Tything men Headboroughs and other Chief Officers and Magistrates of Cities Townes and Villages and other Places in the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed and for no others to quarter and billett the Officers and Soldiers in His Majesties Service in Inns Livery Stables Alehouses Victualling Houses and all Houses selling Brandy Strong Waters Cyder or Metheglin by Retail to be drank in their Houses and no other and in no private Houses whatsoever nor shall any more Billetts at any Time be ordered than there are effective Soldiers present to be quartered And if any Constable Tything Man or such like Officer or Magistrate as aforesaid shall presume to quarter or billett any such Officer or Soldier in any private House without the Consent of the Owner or Occupyer in such Case such Owner or Occupier shall have his or their Remedy at 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 than 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 Officer shall for every such Offence being thereof convicted before any Two or more Justices of the Peace next adjoining 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 to be deemed and taken to be ipso facto cashiered and shall be utterly disabled to have or hold any Military Imployment within this Kingdom or in His Majesties Service.

XVIII. Officers and Soldiers billetted to pay reasonable Prices.

Quarter Sessions to set Prices.

Provided neverthelesse and it is hereby enacted That the Officers and Soldiers so quartered and billetted 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 impowered and required to set 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 Towns Villages and other Places as shall be appointed for their Residence or Quarters.

XIX. Officer taking Money for excusing Quartering,

cashiered and Incapacity.

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 excusing the quartering of Soldiers or Officers or any of them in any House allowed by this Act every such Officer shall be cashiered and made incapable of serving in any Military Imployment whatsoever.

XX. Paymaster of the Army, Secretary at War, &c. not to take Fees nor deduct from Pay.

Exception.

And be it further enacted by the Authority aforesaid That from and after the said Twentieth Day of February One thousand seven hundred and one no Paymaster of the Army Secretary of War Commissary 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 His Majesties Army or from their Agents which shall grow due from and after the said Twentieth Day of February One thousand seven hundred and one other than the usual Deductions for Cloathing and the Twelve Pence in the Pound to be disposed as His Majesty shall think fitt and the One Days Pay in the Year for the Use of the Royal Hospital at Chelsea

XXI. Act to be read at Musters.

And be it further enacted That this Act shall be read at the Head of every Regiment Troop or Company at every respective Muster by the Commissary or Muster Master before such Muster shall be made that no Soldier may pretend Ignorance.

XXII. Officers receiving pay, &c. for Regiments, to give Notice thereof to Innkeepers, &c. and appoint Time for Payment.

Innkeepers, &c. to acquaint such Officers with the Debts due to them from Soldiers quartered; Amount of Allowance; Such Officers not giving Notice,; Paymasters of the Forces to satisfy the same out of the Arrears due to the said Officers; Penalty; If no Arrears due, such Debt to be deducted out of the next Pay; Officers not giving Notice, cashiered; If by Accident Subsistence Money not paid,; such Officer, before his Departure, to make up the Account as this Act directs, &c; and Paymaster to pay the same.

And that the Quarters both of Officers and Soldiers may hereafter be duly paid and satisfied and His Majesties Duties of Excise be better answered Be it enacted by the Authority aforesaid That from and after the said Twentieth Day of February One thousand seven hundred and One every Officer or Officers to whom it belongs to receive or that does actually receive the Pay or Subsistance Money either for a whole Regiment or particular Troops or Companies or otherwise shall immediately upon each Receipt of every particular Summe which shall from time to time be paid returned or come to his or their Hands on account of Pay or Subsistance give Publick Notice thereof to all Persons keeping Inns or other Places where Officers and Soldiers are quartered by vertue of this Act and shall also appoint the said Inn-keepers and others to repair to their Quarters at such Times as they shall appoint for the Distribution and Payment of the said Pay or Subsistance Money to the Officers and Soldiers which shall be within Four Days at furthest after the Receipt of the same as aforesaid And the said Innkeepers and others shall then and there acquaint such Officer or Officers with the Accounts or Debts (if any shall be) between them and the Officers and Soldiers so quartered in their respective Houses which Accounts the said Officer or Officers are hereby required to accept of and immediately pay the same before any Part of the said Pay or Subsistance be distributed either to the Officers or Soldiers provided the said Accounts exceed not for a Commission Officer of Horse being under the Degree of a Captain for such Officers Diet and Small Beer per Diem Two Shillings nor for One Commission Officer of Dragoons being under the Degree of a Captain for such Officers Diet and Small Beer and Hay and Straw for his Horse per Diem One Shilling 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 Four Pence And if any Officer or Officers as aforesaid shall not give Notice as aforesaid and shall not immediately upon the producing such Accounts stated satisfie content and pay the same upon Complaint and Oath made thereof by any Two Witnesses at the next Quarter Sessions for the County or City where such Quarters were (which Oath the Justices of the Peace at such Sessions are hereby required and authorized to administer) the Paymaster or Paymasters of His Majesties Forces are hereby required and authorized upon Certificate of the said Justices (before whom such Oath was made of the Sum due upon such Accounts and the Persons to whom the same is owing) to satisfie and pay the said Sums out of the Arrears due to the said Officer or Officers upon Penalty that such Paymaster or Paymasters shall forfeit and lose their respective Place or Places as Paymaster or Paymasters and be disabled from holding the same for the future And in case there shall be no Arrears due to the said Officer or Officers then the said Paymaster or Paymasters are hereby required and authorized to deduct the Sums he or they shall pay pursuant to the Certificate of the [said (fn. 7) ] Justices out of the next Pay or Subsistance 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 Subsistance Money as aforesaid be deemd and taken and are hereby declared ipso facto cashiered And where it shall happen that the Subsistance 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 their March so that no Subsistance can at 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 up the Account 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 Paymaster or Paymasters of His Majesties Army who is or are hereby required immediately 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 (fn. 7) ] in this Act [before (fn. 8) ] directed for Non-Payment of Quarters.

XXIII. Muster in Westminster, &c.

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. Proviso for Jersey and Guernsey.

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. of Troops to be bought in England.; Officer offending, cashiered.

Provided always and be it further enacted That all Clothes Arms and Accounterments of War belonging to the Horse Foot and Dragoons in His Majesties Pay and Service who receive English Pay shall be bought in the Kingdom of England Dominion of Wales and Town 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. Regulation as to Close of Muster Rolls, and Return thereof to Paymaster General of the Forces.

Penalty.

And be it further enacted by the Authority aforesaid That the Commissary Generall of the Musters or his Deputies shall upon every Muster taken by him or them respectively of any Regiment Troop or Company in His 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 of the said Rolls so taken in Parchment to the Paymaster [General (fn. 7) ] of His Majesties Forces the next Day after the said Rolls shall be respectively closed if in London or within Twenty Miles Distance from the same and if at further Distance by the next Post after the said Rolls shall be so respectively closed upon Pain of forfeiting their respective Imployments.

XXVII.

Regulation for Provision of Carriages, &c. for Troops on March; Pay in Hand; Officer unduly compelling Carriages, &c. to proceed, or not duly discharging the same, &c; Penalty £5.

And be it further enacted by the Authority aforesaid for the better and more regular Provision of Carriages for His Majesties Forces in their Marches in this Kingdom of England Dominion of Wales and Town of Berwick upon Tweed That all Justices of the Peace within their several Counties Ridings Divisions and Liberties being duly required thereunto by an Order from His 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 vertue of the aforesaid Warrant from the Justice of the Peace) do demand the Carriage or Carriages therein [mentioned (fn. 9) ] of the Constable to whom the Warrant is directed is and are hereby required at the same Time to pay down in Hand to the said Constable the Sum of Eight Pence for every Mile any Waggon with Five Horses shall travell loaden and the Sum of Eight Pence for every Mile any Wain with Six Oxen or Four Oxen and Two Horses shall travell loaden and the Sum of Six Pence for every Mile any Cart with Four Horses shall travell 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 constrain any Waggon Wain Cart or Carriage to travel more than One Days Journey or shall not discharge the same in due Time for their Return home or shall suffer or connive at his or their Soldiers or Servants (except such who are sick or wounded) or any Woman to ride in the Waggon Wain Cart or Carriage aforesaid or shall force any Constable or Petty Constable by threatening 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 His Majesties Justices of the [Peace of the (fn. 9) ] same County or Riding who are to certifie the same to the Paymaster General of His Majesties Forces who is hereby required to pay the aforesaid Sum of Five Pounds according to the Order and Appointment under the Hands and Seals of the aforesaid Justices of the Peace who are hereby impowered to deduct the same out of such Officers Pay.

XXVII.

Officers quartering Wives, &c. of Soldiers against Consent of Landlord, &c.; Penalty on Military Officer; on Civil Officer.

And whereas great Abuses are frequently committed by the Liberty taken by some Officers and Soldiers to quarter their Wives Children and Maid Servants in their Quarters contrary to the Purport and Meaning of this Act Be it enacted by the Authority aforesaid That if any Officer Civil or Military by this Act authorized to quarter Soldiers in any Houses hereby appointed for that Purpose shall at any Time during 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 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 Tything Man 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 [the (fn. 10) ] Peace of the Place to be levied by Warrant of such Justice by Distress and Sale of his Goods rendring the Overplus to the Party after Deduction of reasonable Charges in taking the same.

XXIX. Officer or Soldier, without Leave of Lord of Manor, destroying Game;

Penalty £5 on Officer; 10s. on Commanding Officer for Soldier offending; Refusing to pay Penalties,; 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 Twentieth Day of February One thousand seven hundred and one 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 Pidgeon or any [other (fn. 9) ] Sort of Fowl or Poultry or Fish or His Majesties Game, within the Kingdom of England and Dominion of Wales and Town of Berwick upon Tweed and upon Complaint thereof shall be upon Oath of One or [Two (fn. 10) ] more Witness or Witnesses convicted before any Justice or Justices of the Peace who is and are hereby impowered 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 commanding 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 upon such Conviction made by the Justices of the 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 refusing or neglecting shall and is hereby declared to have forfeited his Commission and his said Commission is hereby made null and void.

XXX. Account of Money due, according to Muster Rolls, to be made on the 1st July 1702; and so from time to time, as herein mentioned.

Such Accounts to be registered, and subscribed as herein mentioned; Duplicate without Fee; Balance, &c. paid as herein mentioned; Penalty on Paymaster General £100; on Deputy, Loss of Office; on Colonel £100 ;

And be it enacted That there shall be an exact Account of all Money due according to the Muster Rolls to every Regiment in His Majesties Service made upon the First Day of July One thousand seven hundred and two or Six Days after between the Paymaster 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 Day of March in the Year of our Lord One thousand seven hundred and one to the Thirtieth Day of April One thousand seven hundred and two and so successively from time to time when Four Months become due an Account shall be stated as aforesaid for the Two preceding Months and after the said Account shall be so made up and perfected it shall be registred in a Book to be kept for that Purpose in the Pay Office and there subscribed by such Paymaster Generall or his Deputy and the Colonel or Agent of the Regiment who together with the said Paymaster made up the same and a Duplicate thereof [by them (fn. 9) ] respectively signed shall be given to the said Collonel or Agent without any Fee or Reward to be paid for the same which Collonel or Agent shall deliver to each Captain of the Regiment an Account of so much thereof as respectively appertained to him and his Troop or Company and the inferior Officers and Soldiers thereof and the Balance which shall remain upon making up every such Account as aforesaid and also all other Money as shall then become due to every such Regiment shall be by the said Paymaster Generall paid to the said Colonel or Agent respectively at such Time as His Majesty shall direct and the Paymaster 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 His Majesties Courts of Record and if any Deputy of the said Paymaster or any Agent of a Regiment shall offend in the Premisses upon Proof thereof made at a Court Martial such Deputy or Agent shall ipso facto lose his Place and if any Colonel of a Regiment shall offend therein such Colonel shall forfeit for every such Offence the Sum of One hundred Pounds to any Person or Persons who will sue for the same to be recovered as aforesaid.

XXXI. Proviso as to Allowance of Warrants to take off Respits.

And be it further enacted by the Authority aforesaid That no Warrant to take off ( (fn. 11) ) Respits from any Muster Rolls shall be allowed by any Paymaster during the Continuance of this Act unless the same be countersigned by the Lords Commissioners of His Majesties Treasury or Lord High Treasurer of England for the Time being.

XXXII. Persons harbouring Deserters, or buying, &c. Clothes, &c. from Deserters;

Penalty £5.; But if not found guilty, to have Treble Costs.

Provided always That if any Person shall harbour conceal or assist any Deserter, from His Majesties Service knowing him to be such or shall knowingly buy or exchange or otherwise receive any Arms Clothes Caps or other Furniture belonging to the King from any Deserter upon any Account or Pretence whatsoever or cause the Colour of such Clothes to be changed the Person so offending shall forfeit for every such Offence Five Pounds and being convicted thereof at the General or Quarter Sessions the same shall be levied by Distress by Warrant under the Hands of Two or more Justices of the Peace upon the Goods and Chattels of such Offender the one Moiety thereof to be paid to the Informer by whose Means such Deserter shall be apprehended and the other Moiety to the Officer to whom such Deserter did belong And if any Person so prosecuted for harbouring concealing or assisting a Deserter or for buying exchanging colouring or receiving Arms Clothes Caps or other Furniture shall be found Not Guilty he shall recover Treble Costs to be recovered in such Manner as Costs in any other Case where by the Law Costs are given to Defendants

XXXIII. Act, as to Mutiny, &c. extended to Ireland.

Provided always and it is hereby further enacted by the Authority aforesaid That so much of this Act as relates to the punishing of Mutineers and Deserters shall extend to such Forces as His Majesty has now on Foot or shall have in Ireland as well as such as His Majesty now hath or shall have in England or elcewhere

XXXIV. Proviso as to billetting Soldiers on Inhabitants of Epsom, or any other Places where medicinal Waters are.

Provided and it is hereby declared That no Person, or Persons inhabiting or that shall inhabit in Ebbisham alias Epsom in the County of Surrey or in any other Place where any Medicinal Waters are shall be liable by vertue of this Act to have any Soldier or Soldiers billetted or quartered on him her or them for or by reason of his her or their lodging or receiving of such Persons only who shall resort to such respective Places for the Benefit of the said Waters or the Air or keeping their Horses at Livery or selling Beer or Ale or Victuals in their Houses to such Persons only.

Footnotes

  • 1. Sedition, O. & King's Printer's Copy.
  • 2. omitted O. & King's Printer's Copy.
  • 3. you, O. & King's Printer's Copy.
  • 4. interlined on the Roll.
  • 5. interlined on the Roll.
  • 6. interlined on the Roll.
  • 7. interlined on the Roll.
  • 8. O. omits.
  • 9. interlined on the Roll.
  • 10. O. omits.
  • 11. the O.