William and Mary, 1694: An Act for continuing Two former Acts for punishing Officers and Soldiers who shall mutiny or desert his Majesties service... [Chapter VIII. Rot. Parl. pt. 3. nu. 2.]

Recital of 4 & 5 (4) W. & M. c. 13; and that the same was continued by 5 & 6 W. & M. c. 15; that a Standing Army, without Consent of Parliament, is against Law; and that by Law no Man may be punished by Martial Law.; Reasons for passing this Act; 4 & 5 (4) W. & M. c. 13. continued from 10th April 1695 until 10th April 1696.

Whereas an Act was made in the Fourth and Fifth yeares of the Reigne of King William and Queen Mary intituled An Act for punishing Officers and Soldiers who shall mutiny or desert [His (fn. 1) ] 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 Which Act by an Act made in the last session of this present Parliament intituled An Act for continuing [an (fn. 2) ] Act for punishing Officers and Soldiers who shall mutiny or desert their Majesties service and for punishing false musters and for the payment of quarters for One yeare longer was declared and enacted to bee and continue in full force and virtue from the said First day of March One thousand six hundred ninety three until the First day of March in the yeare of our Lord One thousand six hundred ninety foure and noe longer. And whereas the raiseing or keeping a standing army within this Kingdom in time of peace (unlesse it bee with consent of. Parliament) is against law. And whereas it is judged necessary by his Majestie and this present Parliament that dureing this time of warr several of the forces which 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 then 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 his Majesties service bee brought to a more exemplary and speedy punishment then the usual forms of law will allow. Bee it therefore enacted by the Kings most excellent Majestie 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 made in the Fourth and Fifth yeares of the reigne of King William and Queen Mary intituled An Act for punishing Officers and Soldiers who shall mutiny or desert their Majesties service and for punishing false musters and for payment of quarters 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 Tenth day of April One thousand six hundred ninety five until the Tenth day of April One thousand six hundred ninety six and noe longer And that in all and every the clauses in the said first recited Act wherein there is any commencement of time expressed to bee from the Tenth day of March One thousand six hundred ninety two the same shall bee construed by virtue of this Act to bee accounted from the Tenth day of April One thousand six hundred ninety five And in any clause wherein the like time shall bee expressed to bee between the said Tenth day of March One thousand six hundred ninety two and the First day of March One thousand six hundred ninety three the same shall bee by virtue of this Act intended to bee between the Tenth day of April One thousand six hundred ninety five and the Tenth day of April then next ensueing Any thing herein contained to the contrary notwithstanding.

II. 5 & 6 W. & M. c. 15. continued from 10th April 1695 until 10th April 1696.

And bee it further enacted by the authority aforesaid That all and every the clauses articles matters and things contained in the said recited Act made in the last session of this present Parliament intituled An Act for continuing the Act for. punishing Officers and Soldiers who shall mutiny or desert their Majesties service and for punishing false musters and for the payment of quarters for One yeare longer shall bee and continue and are hereby declared and enacted to bee and continue in full force and virtue to all intents constructions and purposes from the said Tenth day of April One thousand six hundred ninety five until the said Tenth day of April which shall bee in the yeare of our Lord One thousand six hundred ninety six and noe longer.

III. Officer of Regiment belonging to the President of a Court Martial not to sit on Trial.

Provided always and bee it further enacted That noe Officer of the Regiment belonging to the President of a General Court Marshal shall sitt [and (fn. 3) ] vote in any tryal to bee had by virtue of this Act or in giveing any Judgement, thereupon.

IV. Officers in the Army taking Money of Innkeeper, &c. for excusing Quartering or Diet, &c.

Compelled to come before Justice of Peace, and enter into Recognizance to appear in the Court of King's Bench to answer Action; Double Damages and Costs; Cashiered, and Incapacity; If Plaintiff nonsuit, &c; like Costs to Defendant.

Provided always and bee it enacted That if any Officer of his Majesties Army shall take or cause to bee taken or knowingly suffer to bee taken any money of any Inn-holder or Victualler or the inhabitant of any Publick-House allowed by the said first recited Act for excusing the quartering of Officers or Soldiers or the diet small beer hay or straw for them or any of them thereby respectively allowed to bee taken upon credit in quarters every such Officer upon complaint thereof made upon oath to any Justice of the Peace within Five days after which oath such Justice of the Peace is hereby authorized and required to administer and by warrant under his hand and seal to compel the Offender to come before him or any other of his Majesties Justices of the Peace of the place where such Officer shall bee found to enter into a recognizance in any su[m]m not exceeding Forty pounds to appeare in his Majesties Court of Kings-Bench att a time named to answer such action as shall bee brought against him for the said offence by bill plaint or information And if upon the tryal of such action a verdict shall passe for the Plaintiff or if for default of plea to the said action or by the Defendants confession judgement shall be given for the Plaintiff in such case the Plaintiff shall recover double damages together with double costs of suit And moreover the said Defendant after such conviction shall bee ipso facto cashiered and made incapable of serving his Majestie in any Military imployment whatsoever And if the Plaintiffe in any such action shall bee nonsuit or a verdict passe against him or her or shall discontinue his or her action respectively such Plaintiffe shall pay to the Defendant the. like costs which the said Court is hereby authorized to tax and award.

V. Commissioned Officer, before Mutter and Commission registered, to take the following Oath.

And to prevent the great mischief of buying and selling Military Employments in His Majesties Armies Bee it enacted by the Authority aforesaid That every Commission Officer which shall bee hereafter imployed in His Majesties Military Service shall before hee bee mustred and his Commission registred in the Office of the Commissary General of the Musters take the Oath following upon the Evangelists expressing therein the Name and Quality of the Office and the Name of the Colonel and the Regiment whether of Horse Foot or Dragoons (that is to say
I. A. B. doe hereby declare That I have neither directly nor indirectly by my selfe or any one for me with my knowledge given or promised hereafter to give any su[m]m of money present gift or reward to any person or persons whatsoever for obtaining my Commission to bee in the Regiment of commanded by other then the usual Fee to the Secretary of State or the Secretary of the Commander in Chief of the Armie counter-signeing such Commission Soe helpe mee God
Which Oath the said Commissary General or any of his Deputies are hereby required and impowered to administer and in the entring of the said Commission to insert a Memorial of the administring of the said Oath. Provided neverthelesse if the Officer bee of any Troop or Company not. regimented the Colonels Name shall bee omitted in the said Oath.

VI. Justice of Peace in London, Westminster, or Southwark, upon Request, neglecting, &c. to be present at Muster; Penalty £5.

Limitation of such Action.

Provided always and bee it enacted That if any Justice of Peace in the City of London or Westminster or the Liberties thereof or in the Borough of Southwark shall upon request to him or them respectively made by any Commissary or Muster-Master or other Officer thereunto appointed neglect or refuse to bee present att any Muster of Officers and Soldiers to bee made by virtue of this Act every such Justice Mayor or Magistrate offending therein shall forfeit for such offence the su[m]m of Five pounds to any Person or Persons that shall sue for the same to bee recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record att Westminster or att the Assizes to bee held for the Counties or Places where the Offence shall bee committed respectively wherein noe Essoigne Protection Aid Prayer or Wager of Law shall bee allowed nor any more then one Imparlance. Provided neverthelesse That such Action shall bee commenced and prosecuted within Six Months after the Offence committed and not otherwise.

VII. Every Person listed after 10th April 1695 to give his free Consent.

Provided always That noe Person that shall bee listed for the Land Service att any time after the Tenth day of April in the Yeare of our Lord One thousand six hundred ninety and five shall bee esteemed a listed Soldier or bee subject to the Pains and Penalties of this Act or any other Penalty for his Behaviour as a Soldier though hee shall bee brought before a Petty Constable in the Hundred or Division where hee shall bee listed and before the said Petty Constable doe declare his free Consent to bee listed or mustred as a Soldier Any thing in the last before recited Act contained to the contrary notwithstanding.

VIII. Paymaster not to issue Money to Agents, &c. by virtue of Power of Attorney from Colonel, &c. till Bond given;

Condition of Bond.

And bee it further enacted by the Authority aforesaid That the Pay Master of His Majesties Forces for the time being shall not after the Tenth Day of May One thousand six hundred ninety five issue or pay or cause to bee issued or paid any su[m]m or su[m]ms of money to any Agent Clerk or other Person or Persons whatsoever by virtue of any Letter of Attorney or any other Authority from any Colonel or other Officer commanding any Regiment Troop Company or Garrison in His Majesties pay until such Person or Persons shall give Bond or Bonds to His Majestie in such su[m]m or su[m]ms and with Two or more such sufficient Sureties as shall bee approved by the Lords Commissioners of the Tresury or Lord High Tresurer of England for the time being the condition of which Bond shall bee for answering the su[m]ms soe by him or them to bee received and for the due issuing the same according to the directions of this present Act or any Establishment Regulation or Warrant signed or to bee signed by His Majestie.

IX. Memorial thereof to be entered.

And bee it further enacted That a Memorial of the said Bond and Security shall bee entred in the Office of the Pay-Master General of the Armie before any money shall bee issued to any such Person as aforesaid.

X. No Allowance to Colonel, &c. on Account for Money alleged to have been advanced by him.

And bee it further enacted by the Authority aforesaid That noe Colonel or other Officer or Agent shall in Accounts by him or them drawne upp or stated bee allowed any su[m]m or sums of money.upon pretence that the same hath been by him or them advanced or lent to any Officer or Soldier, att any time after the Tenth day of [Aril (fn. 4) ] One thousand six hundred ninety five.

XI. Paymaster, on Certificate under 4 & 5 (4) W. & M. c. 13. of Money due for Quarters, to pay same out of Subsistence Money.

Provided always and' bee it enacted That the Pay-Master or Pay-Masters of His Majesties Army for the time being to whom any Certificate of the Justices of. Peace shall bee made as in the said first recited Act is directed of any su[m]m or sums of money due, and owing for Quarters to any Inhabitant Innholder Victualler or other House hereby allowed to quarter Soldiers shall satisfie & pay the same out of the full Subsistence due and payable to the persons concerned or otherwise as in and by the said Act it is appointed upon the penalty losse and forfeiture therein provided.

XII. Officers and Soldiers of Regiments of Horse, quartered in Bills of Mortality, with Pay augmented, to pay 8d. a Night for Hay for each Horse.

Provided always and bee it enacted That when any Regiments or Troops of Horse shall bee quartered in the City of Westminster or the Liberties of London or Westminster or in the Borough of Southwark or any other of the Parishes within the Weekly Bills of Mortality and have the Soldiers Pay augmented by reason of such their quartering every Officer [or (fn. 5) ] Soldier in or of any such Regiment or Troop dureing their quartering in the said Places or any of them shall pay Eight pence a Night for the Hay of each Horse Any thing herein contained to the contrary notwithstanding.

XIII. Mayors, &c. to provide themselves with this Act, and 4 & 5 (4) W. & M. c. 13. which is to be printed with Marginal Notes;

Price thereof.

Provided always and bee it enacted That for the better Knowledge of the Contents of this Act and the good Provision therein made to prevent disorders in the marches and quartering of Soldiers and otherwise every Mayor Bailiff or Bailiffs or other Chief Officer of every City and Markett Towne in the Realme of England Dominion of Wales and Towne of Berwick upon Tweed shall att or before the Feast of Saint John Baptist next provide himselfe or themselves of this Act and the Act made in the Fourth and Fifth Yeares of the ( (fn. 6) ) of King William and Queen Mary intituled An Act for punishing Officers and Soldiers who shall mutiny or desert their Majesties Service and for punishing false Musters and the Payment of Quarters Which Act shall bee printed with Marginal Notes to explain the Clauses therein and for which there shall bee paid a Peny for every printed Sheet and noe more.

XIV. Where no Mayor, &c. then the Constable to provide the same, and be reimbursed out of Rates for passing Rogues and Vagabonds, imposed by 13 & 14 Car. II. c. 12.

Provided always That in any Towne in the Places aforesaid where there shall bee noe Mayor Bailiffe or other Magistrate above a Constable the Constable Tythingman or Headborough of the Parish shall provide the same and bee reimbursed out of the Rates to bee charged in the Parish whereof hee ( (fn. 7) ) is Officer for passing Rogues Vagabonds and Sturdy Beggars to the House of Correction by virtue of one Act made in the Thirteenth and Foureteenth Yeares of King Charles the Second intituled An Act for the better Relief of the Poor which Payment by virtue of this Act shall bee included in the said Rates.