William III, 1698: An Act for raising the Militia for the Yeare One thousand six hundred ninety nine although the Months Pay formerly advanced be not repaid. [Chapter XVIII. Rot. Parl. 10 Gul. III. p. 4. n. 3.]

(fn. 1) Recital of Stat. 14 Car. II. c. 3. §6.

Before 24th June 1700, Lieutenants, Deputy Lieutentants, and Lord Wardens of Cinque Ports, &c. may draw out Soldiers, though Pay before advanced be not repaid.

Whereas by an Act of Parliament made in the Thirteenth and Fourteenth Yeares of the Reigne of the late King Charles the Second intituled An Act for ordering the Forces in the several Counties of this Kingdom it was (amongst other things) enacted that in case of Invasions Insurrections or Rebellions whereby Occasions 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 Months Pay as should be in that Behalfe directed by the respective Lieutenants of the severall Counties and in their Absence or otherwise by their Directions 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 during such time not exceeding One Month as aforesaid as they should be with their Soldiers in such actuall Service it was thereby declared that Provision should be made for the same by His said Majesty His Heires and Successors out of his or their publick Treasury or Revenue Neverthelesse it was thereby further provided and enacted that in case a Months Pay should be provided and advanced as aforesaid that no Person who should have advanced his Proportion thereof should be charged with any other like Months Payment until he or they should be 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 Kingdom by the French it was found necessary for the publick Defence and Safety to draw out the said Soldiers into actual Service and to charge the said [Persons to (fn. 2) ] provide each their Soldier respectively with Pay in Hand although the Months Pay by several of them before that time provided and advanced was not nor could be reimbursed And whereas it may be necessary for the publick Safety and Defence of this Realme to draw the said Forces into actual Service Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporall and the Commons in this present Parliament assembled and by the Authority of the same That if at any time before the Four and twentieth Day of June which shall be in the Yeare of our Lord One thousand seaven hundred it shall be found by His Majesty to be necessary for the Defence and Safety of this Kingdom to draw out the said Soldiers into actuall Service and the same shall be declared and signified to the respective Lieutenants or Deputy Lieutenants and the Lord Warden of the Cinque-Ports Two ancient Towns and their Members or in his Absence his Lieutenant or Lieutenants by His Majesty it 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 ancient Townes and their Members or in his Absence his Lieutenant or Lieutenants in pursuance of such Orders from His Majesty notwithstanding that One or more Months Pay before that time advanced be not reimbursed to raise and draw out the said Soldiers into actual Service and to cause the Persons charged as aforesaid to provide each their Soldier with Pay in Hand not exceeding One Months Pay in such Manner as if all the Pay before that time advanced and provided had been fully reimbursed and paid

II.

Papists chargeable to the finding of Soldiers, refusing to take the Oaths of Stat. 1 W. & M. c.8. § 12., Lieutenants or Deputy Lieutenants may set forth Soldiers, and charge the Estates of such Persons, and may levy the same by Distress; Amount may be adjudged by their Deputy Lieutentants.; Tenants paying 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 Queene Mary intituled An Act for abrogating 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 Kingdom Be it enacted by the Authority aforesaid That where any Papist or reputed Papist or other Person refusing 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 do lye or Three or more of them are hereby authorized and impowered to nominate and appoint such Person or Persons as they shall think most meet 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 yearly Sums hereafter mentioned that is to say For a Horse Horseman and Armes the Sum of Eight Pounds and for every Foot Soldier and Armes the Sum of Thirty Shillings to be 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 it shall and may be lawfull to and for the said Lieutenants or Three or more of the said Deputy Lieutenants by Warrant under their Hands and Seales to levy the same by Distress and Sale of the Goods of such Papist or reputed Papist or Person refuseing to take the Oaths as aforesaid or upon his and their severall and respective Tenant or Tenants and the remaining 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 so distrained all necessary Charge in levying thereof being first deducted And the Tenant or Tenants soe paying or distrained on as aforesaid shall and are hereby impowered to deduct the same out of their Rents payable for the said Estates

III. Where Two or more Persons charged, Three; Deputy Lieutenants may settle Contributions

Contributor refusing to pay,; Distress.

And be it further enacted by the Authority aforesaid That where Two or more Persons are charged to find any Horse or Foot Soldier and Arms it shall and may be lawfull to and for any Three or more Deputy Lieutenants of the same County Riding Division Limitts of the Cinque-Ports or other Places to direct and appoint who shall find the Horse and Arms or Foot Soldier and Arms and who shall be the Contributors and to settle the Sums of Money to be paid by every Contributor in case the same Contribution be not ascertained by Agreement of the Parties And if any Person so charged as a Contributor being Inhabitant of the said County Riding Division Limitts of the Cinque Ports or other Place shall refuse to pay his Proportion upon Demand or in case he be not an Inhabitant in that County Riding Division Limitts of the Cinque-Ports or other Place his Tenant or Tenants whose Estate is charged with the same Proportion shall neglect or refuse to pay his said Proportion upon Demand that then it shall and may be lawfull to and for Three or more Deputy Lieutenants of the said County Riding Division Limitts of the Cinque-Ports or other Place by Warrant under their Hands and Seales to levy such Sum and Sums of Money by Distresse and Sale of the Goods of the Person soe neglecting or refuseing to pay if he be an Inhabitant of the same County Riding Division Limitts of the Cinque-Ports or other Place and in case he dwell out of the County Riding Division Limitts of the Cinque-Ports or other Place then by Distresse and Sale of the Goods of his Tenant or Tenants or the Estate charged with the same Proportion 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 Sum soe charged out of the Rent by him or them payable to his or their Landlord And the Sum soe levyed shall be paid according to the Direction of the Warrant of such Three or more Deputy Lieutenants.