faid Lord Bishop of London, Dean and Chapter, or Petty Canons, in the faid Houses and Grounds belonging to the said See of London, the faid Dean and Chapter, and Petty Canons, or any of them, for the purchafing of Lands and Tenements in Fee Simple, to be fettled upon them refpectively, and upon their refpective Succeffors, in Right of the faid Church; which faid Purchase and Settlements fhall be valid in Law to all Intents and Purposes, the Statute of Mortmain, or any other Statute, Law or Cuftom notwithstanding. • VI. And forafmuch as it is the Intention of this A&t, that the rebuilding of the faid Cathedral Church of Saint Paul's ⚫ be speedily compleated, which will fave much Charge and Expence, that would be unavoidable, in cafe of a flow and dilatory Progrefs; Be it enacted by the Authority aforefaid, That the Commiffioners faid Lord Archbishop of Canterbury, Lord Bishop of London, may engage the and Lord Mayor of London, for the Time being, or any two of Profits, &c. them, fhall and are hereby impowered, by Indenture, under their Hands and Seals, to engage the Profits arifing out of the refpective Impofitions by this Act, or any Part or Parts thereof, as a Security for the Repayment of any Sum or Sums of Money by them to be borrowed for the Ends and Purposes of this Act, with Intereft for Forbearance of the fame (the Intereft whereof How Interest to grow due before the Commencement of the Duty hereby shall be paid. impofed, fhall and may be paid out of the Monies arifing by the Duties given by an Act made in the eighth Year of the Reign of the late King William the Third, intituled, An Ad for com- 8 & 9 W. j. pleating the Building and adorning the Cathedral Church of Saint c. 14. Paul's, London, and for repairing the Collegiate Church of Saint Peter, Westminster; fo as fuch Payments do not prejudice any Perfons who have already advanced any Sums on the Credit of the faid laft mentioned Duties) to any Perfon or Perfons that fhall or will advance or lend any Sum or Sums of Money upon fuch Security: All which Money fo to be borrowed, fhall be How Monies imployed for and towards rebuilding, finishing, adorning and borrowed shall fecuring the faid Cathedral Church, and for contracting for, be imployed. purchafing and demolishing the adjacent Houfes and Buildings aforefaid; as alfo for inclofing and regulating the Church Yard of the faid Cathedral Church, according to the true Intent and Meaning of this Act. CA P. XIII. An Act for continuing former Acts for exporting Leather, and for Eafe of Jurors, and for reviving and making more effectual an Act relating to Vagrants. WHEREAS divers temporary Laws, which by Expe expiring;' Therefore for continuing the fame, be it enacted, &c. "20 Car. 2. c. 5. 1.Jac. 2. c. 13. 1 W. & M. Seff. 1. c. 23. "78 W. 3. c. 36. for exporting Leather, continued for feven "Years. 1. EXP. 78 W. 3. c. 32. concerning Juries, con"tinued for feven Years. § 2. [See further, 3 G. 2. c. 25. 4 G. 2. c. 7.and thofe Als made perpetual, 6 G. 2. c. 37. $1.] III. And whereas divers Perfons within the County of York, ⚫ liable to ferve on Juries at Affizes and Seffions of the Peace Cc z '(having Officer concealing the fame. Penalty. EXP. feit and pay double the Value of fuch Goods fo clandeftinely imported; one Moiety whereof, after Charges of Suit deducted, hall be paid to Her Majefty, and the other Moiety thereof to the Informer, who fhall fue for the fame in any of Her Majefty's Courts of Record, by Bill, Plaint or Information, wherein no Effoin, Protection or Wager of Law fhall be allowed, nor any more than one Imparlance: And if any Officer or Officers belonging to Her Majefty's Cuftoms or Excife, or other Her Majefty's Duties or Revenues, fhall connive at or be concerned in any fuch clandeftine Importation, or after he fhall be informed thereof fhall conceal the fame, or not give Notice thereof to Her Majefty's Commiffioners of the Customs or Excife, or fome of them, or fhall compound, without Licence, with any Perfon or Perfons concerned in any fuch clandeftine Importation of French Brandy, fuch Perfon and Perfons fhall be incapable of executing any Office in Her Majefty's Revenue, and fhall alfo forfeit and pay the Sum of five hundred Pounds, to be recovered and divided as aforefaid. [Here the Roll is indorfed Sixth Part 1 Ann. and goes to Cap. 22. inclufive, and the Title is as follows; "STATUTES made in the Parliament begun at Westminster the "twentieth Day of October, in the first Year of the Reign of our "Moft Gracious and Excellent Sovereign Lady ANNE, by the "Grace of God, of England, Scotland, France and Ireland, Queen, and continued unto and on the twenty Seventh Day of February in the faid first Year of the Reign of our faid Sovereign Lady Anne; videlicet] 66 CA P. XV. An Act for granting to Her Majesty several Subfidies for carrying on the War against France and Spain. CA P. XVI. An Act for punishing Officers or Soldiers, who fhall [Note. This A is numbered 4 on the Roll, indorfed Sixth Part WHEREAS the raifing or keeping a ftanding Army within this Kingdom in Time of Peace, unless it be with Confent of Parliament, is againft Law: And whereas it is judged neceffary by Her Majefty and this prefent Parliament, that feveral of the Forces which are now on Foot should be continued, and others raised, for the Safety of this Kingdom, and for the common Defence of the Proteftant Religion, and for the Prefervation of the Liberties of Europe: And whereas no Man may be forejudged of Life or Limb, or fubjected in Time of Peace to any kind of Punishment within this Realm by Martial Law, or in any other Manner than by the Judgment of his Peers, and according to the known and established Laws of this Realm; yet neverthelefs, it being requifite for the retaining fuch fhall defert, or be twice lifted, fuch Forces in their Duty, that an exact Difcipline be observed; and that Soldiers who fhall mutiny or ftir up Sedition, or fhall defert Her Majefty's Service, within this Realm or the Kingdom of Ireland. be brought to a more examplary and speedy • Punishment than the ufual Forms of the Law will allow Be it therefore enacted by the Queen's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the four Officers or Soland twentieth Day of March, in the Year of our Lord One diers caufing any thoufand feven hundred and two, every Perfon being in Her Ma- Mutiny, or whe jesty's Service in the Army, and being mustered and in pay as an Officer and Soldier, who fhall at any Time before the five and twentieth Day of March, in the Year of our Lord One thoufand feven hundred and four, within this Realm, excite, caufe or join in any Mutiny or Sedition in the Army, or defert Her Majefty's Service in the Army, fhall fuffer Death, or any other Punishment, as by a Court Martial fhall be inflicted; or being a Soldier actually lifted in any Regiment, Troop or Company, fhall lift himself into any other Regiment, Troop or Company, without a Difcharge produced in Writing from the Captain or the Officer commanding the Troop or Company in which he last served as a lifted Soldier, fhall fuffer Death, or fuch other Punishment as by a Court Martial fhall be inflicted. to fuffer Death, &c. II. And it is hereby further enacted and declared, That Her Queen, &c. may Majefty, or the General of Her Army, for the Time being, grant Commitmay, by virtue of this Act, have full Power and Authority to fions to hold grant Commiffions to any General, Lieutenant General, or other Courts Martial. Officer (not under the Degree of a Field Officer, or Commander in Chief of a Garrifon) from Time to Time, to call and affemble Courts Martial for punishing fuch Offences as aforefaid. III. And it is hereby further enacted and declared, That no Court not to Court Martial which fhall have Power to inflict any Punishment, consist of fewer by virtue of this Act, for the Offences aforefaid, fhall confift of than 13, &c. fewer than thirteen, whereof none to be under the Degree of a Commiflion Officer; and the Prefident of fuch Court Martial not to be under the Degree of a Field Officer, or the then Commander in Chief of the Garrison where the Offender fhall be tried. IV. Provided always, That no Field Officer fhall be tried and may admiby any Officer under the Degree of a Captain; and that fuch nifter Oath. Court Martial fhall have Power and Authority to adminifter an Oath to any Witnefs, in order to the Examination or Trial of the Offences aforefaid. V. Provided always, That nothing in this Act contained shall Provifo. extend, or be conftrued to exempt any Officer or Soldier whatsoever from the ordinary Procefs of Law. VI. Provided always, That this A&t, or any Thing therein Provifo. contained, fhall not extend, or be any ways conftrued to extend, to concern any the Militia Forces of this Kingdom. VII. Provided always, and be it enacted, That in all Trials Oath to be of Offenders by Courts Martial to be held by virtue of this Act, taken by Officer of the Court where the Offence may be punished by Death, every Officer pre- Martial, fent at fuch Trial, before any Proceeding be had thereupon, fhall take an Oath upon the Evangelifts, before the Court; and the Cc4 next Oath. Number of Officers to be prefent at Trials. Time of Trial Making falle Penalty. Commiffary allowing the fame. Penalty. Commiffary to give Notice before Muter to the Mayor, &c. Neglect. Fenalty. next Juftice of the Peace, Judge Advocate, or his Deputy, or one of them, are hereby authorized to administer the fame, in thefe Words (that is to fay) : YOU YOU fhall well and truly try and determine, according to your Evidence, in the Matter now before you, between our Sovereign Lady the Queen's Majefty, and the Prisoner to be tried. So help you God. VIII. And no Sentence of Death fhall be given against any Offender in fuch Cafe by any Court Martial, unlefs nine of thir teen Officers prefent fhall concur therein; and if there be a greater Number of Officers prefent, then the Judgment fhall pafs by the Concurrence of the greater Part of them fo fworn, which major Part fhall not be less than nine, and not otherwise; and no Proceedings, Trials, or Sentence of Death fhall be had or given against any Offender, but between the Hours of eight in the Morning, and one in the Afternoon. IX. And for preventing of Fraud and Deceit in muftering of Soldiers' Be it further enacted by the Authority aforefaid, That if any Perfon fhall make or give, or procure to be made and given, any falfe or untrue Certificates, whereby to excufe any Soldiers for their Abfence from any Mufter or other Service which they ought to attend or perform, upon a Pretence of Sickness or other Čaufe, that then every fuch Perfon fo making, giving, or procuring fuch Certificate, fhall forfeit for every fuch Offence the Sum of fifty Pounds, and fhall be forthwith cafhiered and be difplaced from fuch his Office, and shall be thereby utterly difabled to have or hold any military Office or Imployment within this Realm, or in Her Majefty's Service. X. And be it further enacted by the Authority aforefaid, That every Officer that fhall make any falfe or untrue Mufter of Mán or Horse, and every Commiffary, Mufter Mafter, and other Officer, who fhall wittingly or willingly allow or fign the Mufter Roll wherein fuch falfe Mufter is contained, or any Duplicate thereof, upon Proof thereof upon Oath made by two Witneffes before a Court Martial to be thereupon called (which is hereby authorized and required to adminifter fuch Oath) fhall for fuch their Offence be forthwith cashiered and difplaced from fuch their Office, and fhall be thereby utterly difabled to have or hold any civil or military Office or Imployment within this Kingdom, or in Her Majefty's Service, and fhall likewife forfeit one hun dred Pounds. XI. And be it further enacted by the Authority aforefaid, That every Commissary or Mufter Mafter upon any Mufter to be made, had or taken by him or them, fhall, by a convenient Time before fuch Mufter made, give Notice to the Mayor, or other chief Magiftrate, or Officer of the Place where the Soldiers fo to be mustered fhall be quartered, who is hereby required to be prefent at every fuch Mufter, and give his utmoft Affiftance for the difcovering any falfe or untrue Mufter there made or offered to be made; and that every fuch Commiflary or Mufter Master making or taking fuch Mufter, that shall neglect to give fuch Notice, as aforefaid, or fhall refufe to take the Aid and Å ffiflance of fuch Mayor, chief Magillrate, or Officer, where the Soldiers fo to be mustered fhall be quartered, fhail forfeit the Sum of fifty Pounds, and be discharged from his Office; and no Mufter Rolls fhall be allowed, unlefs the fame be figned by the faid Mayor, other chief Magiftrate, or Officer refpectively. XII. And be it further enacted by the Authority aforefaid, Perfon falfely That if any Perfon fhall be falfely muftered, or offer himself muftered, &c. falfely or deceitfully to be muftered, every fuch Perfon upon Proof thereof made upon Oath by two Witneffes, before the next Justice of the Peace of the County where fuch Mufter fhall be made, and every fuch Perfon fo falfely muftered, or offered to be falfely muftered, upon Certificate thereof in Writing under the Hand of the Commiffary of the Mufters, or chief Magiftrate as aforefaid, made to fuch Juftice of the Peace, the faid Juftice is thereupon, and is hereby authorized and required, to commit fuch Penalty. Offender to the Houfe of Correction, there to remain for the Space of ten Days; and fuch Offender, from the Time of fuch falfe Mufter, fhall to all Intents and Purposes be taken to be a lifted Soldier, and fhall not be discharged but by the Colonel of the faid Regiment, by Writing under his Hand: And if any Lending Horfe Perfon fhall wittingly or willingly lend or furnish a Horfe to be to be mustered. muftered, which fhall not truly belong to the Trooper or Troop fo mustered, the faid Horfe fo falfely muftered shall be forfeited to the Informer, if the fame doth belong to the Perfon lending or furnishing the faid Horfe; or otherwife the Perfon lending or furnishing the faid Horfe fhall forfeit the Sum of twenty Pounds, Penalty. upon Oath made by two Witneffes before the next Justice of the Peace. XIII. And be it alfo further enacted by the Authority afore- Forfeitures, how faid, That the faid Forfeiture fhall be to fuch Perfon or Perfons to be diftributed that fhall inform, immediately to be paid out of the Arrears of fuch Officer's pay, as fhall knowingly fo offend, upon Conviction before the Court Martial, by Order of the faid Court, to the Paymafter, if fuch Officer fo offending fhall have any Arrear; and if there fhall be no Arrear, the Court Martial thall immediately give Order to feize the Goods of fuch Officer fo offending, and fell them for Payment of fuch Forfeiture to the Informer, rendering the Overplus to the Owner; and if fuch Officer fo offending fhall have no Goods, then he shall be fent to the common Gaol, there to remain without Bail or Mainprize for the Space of fix Months; and the, faid Court Martial is hereby obliged to difcharge fuch Informer, if a Soldier, from any further Service, if he fhall demand the fame. cer's or Soldier's XIV. And be it further enacted, That if any Paymafter, Paymafter, &c. Agent, or Clerk of any Regiment, Troop or Company, fhall detaining Offiwilfully detain or withhold by the Space of one Month the Pay Pay. of any Officer or Soldier (Clothes and all other juft Allowances being deducted) after fuch Pay shall be by him or them received, or if any Officers, having received their Soldiers Pay, fhall refufe to pay each respective common Soldier their refpective Pay, when it fhall become due, at the Rate of feventeen Shillings and Six pence a Week for each Corporal of Light Horfe; fourteen Shillings a Week for each Trumpeter and private Trooper; eight Shillings and Two pence a Week for each Dragoon; feven Shillings a Week for each Sergeant; five Shillings a Week to each Corporal and Drummer; and four Shillings a Week to each priyate Soldier of Her Majefty's two Regiments of Foot Guards; and |