William III, 1696-7: An Act for continuing several former Acts for punishing Officers and Soldiers who shall mutiny or desert His Majesties Service... [Chapter XIII. Rot. Parl. 8&9 Gul. III.p.2.nu.6.]

Recital of 4W. & M. c.13. as continued by 5 & 6 W. & M. c. 15; and the said Two Acts as continued by 6 & 7 W. & M. c. 8.

and that by 7 & 8 W. III. c. 23. the said Acts were continued until 10th April 1697; and that the raising, &c. of a Standing Army, in Time of Peace, unless with Consent of Parliament, is against Law, and that it is necessary to continue the Forces, &c. and that Discipline should be preserved; 4 W. & M. c. 13. continued from 10th April 1697 until 10th April 1698; How the various Commencements expressed in the said Act 4 W. & M. c. 13. to be construed.

Whereas an Act was made 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 & for the Payment of Quarters to continue and be in Force until the First Day of March in the Yeare of our Lord One thousand six hundred ninety three and no longer which Act by an Act made in the Fifth and Sixth Yeares of the Reigne of King William and Queen Mary 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 Payment of Quarters for One Yeare longer was declared and enacted to be 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 no longer which Two before 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 continuing 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 be 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 no longer And whereas by an Act made in the Seventh and Eighth Yeares of His Majesties Reigne intituled An Act for punishing Officers and Soldiers who shall mutiny or desert His Majesties Service and for punishing False Musters & for Payment of Quarters for One Yeare longer ( (fn. 1) ) the several Acts therein mentioned were continued until the Tenth Day of April One thousand six hundred ninety seven and no longer And whereas the raising or keeping a Standing Army within this Kingdome in time of Peace (unlesse it be with the Consent of Parliament) is against Law And whereas it is judged necessary by His Majesty and this present Parliament That dureing this time of Warr several of the Forces which are now on Foot should be 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 no Man may be forejudged of Life or Limb or subject to any kind of Punishment by Martial Law or in any other manner than 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 be raised during the Exigence of Affaires in their Duty that an exact Discipline be observed and that Soldiers who shall mutiny or stirr upp Sedition or shall desert His Majesties Service be brought to a more exemplary and speedy Punishment than the usual Forms of 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 the said Act made in the Fourth and Fifth Yeares of the Reign 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 be and continue and is hereby declared and enacted to be and continue in full force and virtue to all Intents Constructions and Purposes from the Tenth Day of April One thousand six hundred ninety seven until the Tenth Day of April One thousand six hundred ninety eight and no longer And that all and every the Clauses in the said first recited Act wherein there is any Co[m]mencem[en]t. of time expressed to be from the Tenth Day of March One thousand six hundred ninety two the same shall be construed by virtue of this Act to be accounted from the Tenth Day of April One thousand six hundred ninety seven to the Tenth Day of April One thousand six hundred ninety eight And in any Clause wherein the like time shall be expressed to be 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 be by virtue of this Act intended to be between the Tenth Day of April One thousand six hundred ninety seven and the Tenth Day of April One thousand six hundred ninety eight Any thing herein contained to the contrary notwithstanding.

II. 5 & 6 W. & M. c. 15. continued from 10th April 1697 to 10th April 1698.

And be it further enacted by the Authority aforesaid That all and every the Articles Clauses Matters and Things contained in the said recited Act made the Fifth and Sixth Yeares of King William and Queen Mary 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 be and continue and are hereby declared( (fn. 2) ) to be 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 seven until the Tenth Day of April One thousand six hundred ninety eight and no longer.

III. 6 & 7 W. & M. c. 8. and 7 & 8 W. III. c. 23. continued from 10th April 1697 to 10th April 1698.

And be it further enacted by the Authority aforesaid That the said recited Act made in the Sixth and Seventh Yeares of the Reigne of His present Majesty King William intituled An Act for continuing Two former Acts for punishing Officers & Soldiers who shall mutiny or desert His Majesties Service and for punishing false Musters and for Payment of Quarters for One Yeare longer And also an Act made in the Seventh and Eighth Yeares of His said Majesties Reigne intituled An Act for continuing several 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 shall be and continue and is hereby declared and enacted to be and continue in full force and virtue to all Intents Constructions and Purposes from the Tenth Day of Aprill One thousand six hundred ninety seven until the Tenth Day of April One thousand six hundred ninety eight and no longer.

IV. Officers Commanding in Chief, within 24 Hours after coming into Quarters, to publish Allowance to Soldiers over Pay; and that no Shopkeeper is to trust Private Soldier without Leave from such Officer, on Penalty of losing Debt.

Officer neglecting, &c. liable to the Debt of Soldier.

And for the better and more certaine Payment of Quarters be it enacted by the Authority aforesaid That every Officer co[m]manding in Chief shall (within Twenty foure Hours after his coming into any Quarters where any Horse Foot or Dragoons under such Officer are to be quartered) by Sound of Trumpett or Beat of Drum in the Markett [or (fn. 3) ] other Publick Places of any City Towne or Village make Publication how much shall be allowed every Soldier to be trusted above such part of his Pay directed by Act of Parliament to be allowed for Diet Hay and Straw and also shall make Publication that no Shopkeeper shall trust any Private Soldier for any other Goods or Co[m]modities whatsoever without Leave first hadd from the Officer [then (fn. 4) ] co[m]manding in Chiefe under his Hand in Writing upon Paine that each and every of them shall lose and forfeit the Su[m]m or Su[m]ms so entrusted And if the Officer co[m]manding in Chief shall omitt or neglect to make such Publications as aforesaid such Officer for such Offence shall be liable to pay all such Debt or Debts then and there contracted by such Soldiers as if the the same had been his owne p[er]sonal and proper Debt Any thing in this or any other Act to the contrary notwithstanding.

V. Justices of Peace may, on Complaint, regulate quartering of Soldiers.

And whereas Constables Tythingmen & Headboroughs do frequently favour some and Burthen others in quartering and billetting Officers and Soldiers Be it further enacted by the Authority aforesaid That it shall and may be lawfull for One or more of the Justices of the Peace and they are hereby required upon Complaint made thereof by any Person grieved therein to regulate such quartering and billetting of Soldiers as to them shall seem just and reasonable.

VI. Recital of 4 W. & M. c. 13.

§ 22; and that Inconveniences had arisen; Innkeeper, &c. not obliged to provide Meat, &c. for Soldiers (except on March) on tendering Money, &c. to Soldier as herein mentioned.

And whereas by an Act made in the Fourth Yeare of the Reigne of our present Sovereigne Lord King William and the late 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 continued by other subsequent Acts Itt was therein amongst other Things enacted That the Subsistance Money for one Light Horsemans Diet and Small Beer and Hay and Straw for his Horse should not exceed 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 Foure Pence And whereas several Inconveniences do daily happen in Inns and Victualling Houses where Soldiers are quartered and subsisted with Meat and drink by the Innkeepers & Victuallers to their great Prejudice and to the hindrance of their Guests and Customers from using their Houses For the p[re]venting the same for the future be it enacted by the Authority aforesaid That from and after the Tenth Day of April One thousand six hundred ninety seven no Innholder or Innholders Victualler or Victuallers Person or Persons whatsoever on whom such Soldier or Soldiers shall or may by Law be quartered shall be obliged or required to provide Meat or other Victuals for any such Soldier or Soldiers (except in their March onely) if the said Person or Persons on whom hee or they shall be quartered as aforesaid shall give or tender to each particular Horseman the Su[m]m of Six Pence per diem for his Subsistance in Meat onely to every Dragoon the Su[m]m of Foure Pence per diem for his Subsistance in Meat onely and to every Foot Soldier the Su[m]m of Foure Pence per diem for his Subsistance in Meat besides Candle and the Use of his Fire for dressing his Meat.

VII. But Innkeeper nevertheless to provide Lodging, Small Beer, and Candle, and Fire to dress Meat, and Hay and Straw for Horses at the Rates herein mentioned.

Provided neverthelesse That this Act nor any thing therein contained shall extend to exempt or discharge any Innholder or Victualler or other Person or Persons from providing and furnishing for all and every Soldier and Soldiers which shall be lawfully quartered upon them Lodging Small Beer and Candle with the use of Fire to dresse his Meat by and Hay and Straw for their Horses for which they shall be allowed after the Rates following (viz^t. For Small Beer Fire Candle and Hay and Straw for a Light Horseman and his Horse the Su[m]m of Six Pence per diem For Small Beer Fire Candle and Hay and Straw for a Dragoon and his Horse the Summ of Five Pence per diem Any thing in this present or any former Act or any Customs or Usage to the contrary thereof in any wise notwithstanding.

VIII. Marine Regiments subject to Act.

And whereas it is doubted whether the Marine Regements are within the intent and meaning of the said Acts for punishing Officers and Soldiers who shall mutiny or desert His Majesties Service & for punishing false Musters and for Payment of Quarters Itt is hereby enacted by the Authority aforesaid That the Officers and Soldiers of the Regiments called the Marine Regiments (being in His Majesties Service in the Army) be subject to all the Powers and Punishments mentioned in this Act.