William III, 1695-6: An Act for continueing severall former Acts for punishing Officers and Soldiers who shall Mutiny or Desert His Majesties Service...[Chapter XXIII. Rot. Parl. 7 & 8 Gul. III.p.5n.9]

4. W. & M. c. 13.

5 & 6 W. & M. c. 15; further continued by 6 & 7 W. & M. c. 8; 4 W. & M. c.13.

Whereas an Act was made in the Fourth and Fifth Yeares of the Reigne of King William and Queene Mary intituled An Act for punishing Officers and Soldiers who shall mutiny or desert theire Majesties Service and for punishing false Musters and for the Payment of Quarters to continue and bee in force untill 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 Fifth and Sixth Yeares of the Reigne of King William and Queene Mary intituled An Act for continueing the Act for punishing Officers and Soldiers whoe shall mutinne or desert Theire 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 untill the First Day of March in the Yeare of our Lord One thousand six hundred ninety foure and noe longer which Two [before (fn. 1) ] recited Acts by an Act made in the Sixth and Seventh Yeares of the Reigne of His present Majesty King William intituled An Act for continueing Two former Acts for punishing Officers and Soldiers who shall Mutiny or Desert His Majesties Service and for punishing False Musters and for Payment of Quarters for One Yeare longer and every Clause Matter and Thing therein contained were 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 whereas the raiseing or keeping a Standing Army within this Kingdome in tyme of Peace (unless it bee with Consent of Parliament) is against Law And whereas itt is judged necessary by His Majesty and this present Parliament That dureing this tyme of Warr severall of the Forces which are now on Foot should bee continued and others raised for the Safety of this Kingdome for the common Defence of the Protestant Religion and for the carrying on the Warr against France. And whereas noe Man may bee fore-judged of Life or Limbe or Subject to any kind of Punishment by Martiall Law or in any other manner than by the Judgement of his Peers and according to the knowne and established Lawes of this Realme yett neverthelesse itt being requisite for the retaineing such Forces as are or shall bee raised dureing this exigence of Affaires in theire Duty That an exact Discipline bee observed and that Soldiers who shall mutiny or stirr up Sedition or shall desert His Majesties Service bee brought to a more exemplary and speedy Punishment than the usuall Formes of Law will allow. Bee itt therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall 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 Queene Mary intituled An Act for punishing Officers and Soldiers whoe shall mutiny or desert Theire 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 six untill the Tenth Day of Aprill One thousand six hundred ninety seaven and noe longer And that all and every the Clauses in the said first recited Act wherein there is any Commencement of tyme expressed to bee from the Tenth Day of March One thousand six hundred ninety two the same shall bee construed by vertue of this Act to bee accounted from the Tenth Day of Aprill One thousand six hundred ninety six And in any Clause wherein the like tyme shall bee expressed to bee betweene 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 betweene the said Tenth Day of April One thousand six hundred ninety six and the said Tenth Day of Aprill next ensueing Any thing herein contained to the contrary notwithstanding.

II. 5 &6 W. & M. c.15. continued.

And bee itt further enacted by the Authority aforesaid That all and every the Articles Clauses Matters and Things contained in the said recited Act made in the Fifth and Sixth yeares of King William and Queene Mary intituled An Act for continueing 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 six untill the said Tenth day of Aprill One thousand six hundred ninety seaven and noe longer.

III. 6 & 7W. & M. c.8. continued.

And bee it further enacted by the Authority aforesaid That the said recited Act made in the Sixth and Seaventh yeares of the Reigne of His now Majesty King William intituled An Act for continueing Two former Acts for punishing Officers and Soldiers who shall mutiny or desert His Majesties Service and for punishing false Musters and for Payment of Quarters for one yeare longer, and all and every the Clauses Articles Matters and Things 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 said Tenth Day of Aprill One thousand six hundred ninety six untill the said Tenth day of Aprill One thousand six hundred ninety seaven and noe longer.

IV. Persons harbouring, & c. or receiving Arms, & c. from Deserter, Penalty £5.

Persons prosecuted and found not guilty, Treble Costs.

Provided alwayes That if any Person shall harbour conceale or assist any Deserter from His Majesties Service knowing him to bee such or shall knowingly buy or exchange or otherwise receive any Armes Cloaths Caps or other Furniture belonging to the King from any Deserter upon any Account or Pretence whatsoever the Person soe offending shall forfeite for every such Offence Five Pounds and being convicted thereof att the Generall or Quarter Sessions the same shall bee levyed by Distresse by Warrant under the Hands of Two or more Justices of the Peace upon the Goods and Chattells of such Offender the one Moiety thereof to bee paid to the Informer by whose meanes such Deserter shall bee apprehended and the other Moiety to the Officer to whome such Deserter did belong And if any Person soe prosecuted for harbouring concealing or assisting a Deserter or for buying exchanging or receiving Armes Cloaths Caps or other Furniture shall bee found not Guilty hee shall recover Treble Costs to bee recovered in such manner as [Costs (fn. 2) ] in any other Case where by ( (fn. 3) ) Law Costs are given to Defendants.

V. Recital of 6 & 7 W. III. c. 8. § 8.

Limitation of Suit upon Bonds given in pursuance of the said Act.

And whereas by an Act made in the Sixth and Seaventh Yeares of His Majesties Reigne entituled An Act for continueing Two former Acts for punishing Officers and Soldiers who shall mutiny or desert His Majesties Service and for punishing false Musters and for Payment of Quarters for One Yeare longer Itt was provided That the Pay-Master of His Majesties Forces should not issue or pay any Moneys to any Agent Clerke or other Person by Order from any Colonell or other Officer untill such Person should give Bonds to His Majesty with two Sureties to bee approved by the Lords Commissioners of the Treasury or Lord High Treasurer for the tyme being for answering and due issueing the same according as in the said Act is directed but noe Meanes is thereby provided for the Discharge or Acquittall of the said Persons or theire Sureties from the said Bonds Bee itt enacted by the Authority aforesaid That in case noe Demand Suite or Prosecution shall bee had or made by Order or Warrant from the said Lords Co[m]missioners or Lord Treasurer upon or by [Warrant (fn. 4) ] of any Bond or Bonds given or to bee given pursuant to the Directions of the said [Act (fn. 5) ] against the said Agent Person or Persons who gave the same dureing the space of Three Yeares after the said Person or Persons shall cease to bee Agent or Agents or bee out of his or theire Employment or Employments of receiving Moneys as aforesaid (upon account of which such Bond was given) the Bond or Bonds soe given shall bee and is and are hereby enacted and declared to bee null and void to all Intents and Purposes whatsoever:.