Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Recital of Stat. 13 & 14 C. II. c.3.
If it should be necessary, before 25th April 1697, to draw out Soldiers into actual Service, to be declared as herein mentioned, Lieutenants and Lord Warden of Cinque Ports may draw out Soldiers and cause Persons charged to provide Pay, although Pay before advanced not reimbursed.
Whereas by an Act of Parliament made in the Thirteenth and Fourteenth Yeares of the Reigne of His late Majesty King Charles the Second entituled An Act for ordering the Forces in the severall Counties of this Kingdome 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 actuall 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 Moneths Pay as should bee in that behalfe directed by the respective Lieutenants of the severall 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 Moneth as aforesaid as they should bee with their Soldiers in such actuall Service Itt was thereby declared That Provision should bee made for the same by His said Majesty His Heires and Successors out of His or their Publick Treasury or Revenue Neverthelesse itt was thereby further provided and enacted That in case a Months Pay should bee provided and advanced as aforesaid That noe Person who should have advanced his Proportion thereof should be charged with any other like Moneths Payment untill hee or they should have beene reimbursed the said Months Pay and soe from time to time the said Months Pay by him or them last before provided and advanced as aforesaid. And whereas upon the Invasion of the Coasts of this Kingdome by the French itt was found necessary for the Publick Defence and Safety to draw out the said Soldiers into actuall Service and to charge the said Persons to provide each their Soldier respectively with Pay in Hand although the Months Pay by severall of them before that time provided and advanced was not nor could be reimbursed. And whereas the like occasion may possibly happen dureing the present Warr Bee itt therefore enacted by the Kings Most Excellent Majesty by and with the Advise and Consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled and by the Authority of the same That if att any time before the Five and twentieth Day of Aprill which shall be in the. Yeare of our Lord One thousand six hundred ninety seaven itt shall be found by His Majesty to be necessary for the Defence and Safety of this Kingdome to draw out the said Soldiers into actuall Service and the same shall be declared [and (fn. 1) ] signifyed to the respective Lieutenants or Deputy Lieutenants and the Lord Warden of the Cinque Ports two Ancient Townes and their Members or in his Absence his Lieutenant or Lieutenants by His Majesty Itt shall be lawfull 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 Townes and their Members or in his absence his Lieutenant or Lieutenants in pursueance of such Orders from His Majesty notwithstanding that one or more Months Pay before that time advanced bee not reimbursed to raise and draw out the said Soldiers into actuall Service and to cause the Persons charged as aforesaid to provide each their Soldier with Pay in hand not exceeding one Moneths Pay in such manner as if all the Pay before that time advanced and provided had beene fully reimbursed and paid.
II. Where Two or more Persons charged, Three Deputy Lieutenants may appoint and settle who shall find Horse and Arms, Foot Soldiers and Arms, Contributions, &c.
Persons charged refusing to pay, Three Deputy Lieutenants may distrain, &c.
And bee itt further enacted by the Authority aforesaid That where [two (fn. 2) ] or more Persons are charged to find any Horse or Foot Soldier and Armes itt shall and may bee lawfull to and for any Three or more Deputy Lieutenants of the same County Rideing Division Lymits of the Cinque Ports or other Place to direct and appoint who shall find the Horse and Armes or Foot Soldier and Armes and who shall bee the Contributors and to settle the Summes to bee paid by every Contributor in case the same Contribution be not ascertained by Agreement of the Parties and if any Person soe charged as a Contributor being Inhabitant of the said County Riding Division Lymits of the Cinque Ports or other Place shall refuse to pay his Proportion upon Demand or in case hee be not Inhabitant in that County Rideing Division Lymits of the Cinque Ports or other Place his Tenant or Tenants whose Estate is charged with the same Proporc[i]on shall neglect or refuse to pay his said Proportion upon Demand That then itt shall and may bee lawfull to and for Three or more Deputy Lieutenants of the said County Rideing Division Lymits of the Cinque Ports or other Place by Warrant under their Hands and Seales to levy such Summe and Summes of Money by Distresse and Sale of the Goods of the Person soe neglecting or refuseing to pay if he bee an Inhabitant of the same County Rideing Division Lymits of the Cinque Ports or other Place and in case hee dwell out of the County Rideing Division Lymits of the Cinque Ports or other Place then by Distresse and Sale of the Goods of his Tenant or Tenants of the Estate charged with the same Proporc[i]on 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 impowered to deduct and defaulk the Summe soe charged out of the Rent by him or them payable to his or their Landlord and the Summe soe levyed shall bee paid according to the Direction of the Warrant of such Three or more Deputy Lieutenants.
Papists and other Persons refusing to take the Oaths of I W. &M. Sess. 1. c. 8., and being charged, Lieutenant or Deputy Lieutenant may nominate Persons to set forth Horses, Arms, &c. and charge the Estates of such Persons as herein mentioned; and such Papist and other Persons refusing, &c. to pay. Lieutenant or Three Deputy Lieutenants may distrain.; Tenants paying or distrained may deduct.
And whereas Papists reputed Papists and such Persons as doe or shall refuse to take the Oaths mentioned in an Act of Parliament made in the first Yeare of the Reigne of King William and Queen Mary intituled An Act for abrogateing the Oaths of Supremacy and Allegiance and appointing other Oaths when lawfully tendred to them are not thought fitt to be intrusted with setting out Horses and Armes in the Militia of this Kingdome Bee itt enacted by the Authority aforesaid That where any Papist or reputed Papists 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 Rideing Division or Place where such Estates doe lye or Three or more of them are hereby authorized and impowered to nominate and appoint such Persons or Persons as they shall thinke most meete and proper to furnish and sett forth one or more Horse Horsemen and Armes or Foot Soldiers and Armes for the said Estates and shall and may charge the same Estates with the Payment of the yearely Summes hereafter menc[i]oned (that is to say) For a Horse Horseman and Armes the Summe of Eight pounds And for every Foot Soldier and Armes the Summe of Thirty shillings to bee paid to the Persons that shall furnish and set forth the same And in case such Papist or reputed Papist or Person refuseing to take the Oaths as aforesaid shall neglect or refuse to pay the same upon Demand itt shall and may bee lawfull to and for the said Lieutenants or Three or more of the said Deputy Lieutenants by Warrant under theire Hands and Seales to levy the same by Distresse and Sale of the Goods of such Papist or reputed Papist or Person refuseing the Oaths as aforesaid or upon his and theire severall and respective Tenant or Tenants and the remaineing Arreares from the said Persons refuseing 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 soe distrained all necessary Charge in levying thereof being first deducted And the Tenant or Tenants soe paying or distrayned on as aforesaid shall and are hereby impowred to deduct the same out of their Rents payable for the said Estates: