cept fuch who are fick or wounded) or any Woman to ride in XXVIII. And whereas great Abufes are frequently com- Officer quartermitted by the Liberty taken by fome Officers and Soldiers to ing Wife, &c. quarter their Wives, Children and Maid Servants in their againft Confent. Quarters, contrary to the Purport and Meaning of this Act:" Be it enacted by the Authority aforefaid, That if any Officer, military or civil, by this Act authorized to quarter Soldiers in any Houfes hereby appointed for that Purpofe, fhall at any Time, during the Continuance of this Act, quarter any of the Wives, Children, or Maid Servants of Officer or Soldier in any fuch Houfes, against the Confent of the Owners, the Party offending, if Officer or Soldier of the Army, fhall, upon Complaint and Proof thereof made to the Commander in Chief of the Army, or Judge Advocate, be ipfo facto cafhiered; and if a Penalty. Conftable, Tithingman or other civil Officer, he fhall forfeit to Constable, &c. the Party grieved the Sum of twenty Shillings, upon Com- Penalty. plaint and Proof thereof made to the next Juftice of Peace of the Place, to be levied, by Warrant of fuch Juttice, by Distress and Sale of his Goods, rendering the Overplus to the Party, after the Deduction of reafonable Charges in taking the fame. XXIX. And forafmuch as the Game of late Years has been very much destroyed by the Officers and Soldiers in or near fuch Places as they have been quartered in: Be it therefore enacted by the Authority aforefaid, That if, from and after the Officer or Solfaid four and twentieth Day of March, any Officer or Soldier dier destroying fhall, without the Leave of the Lord of the Manor, under his the Game, &c. Hand and Seal firft had and obtained, take, kill and deftroy Hare, Coney, Pheafant, Partridge, Pidgeon or any other Sort of Fowl, Poultry or Fifh, or Her Majefty's Game, within the Kingdom of England, and Dominion of Wales, and Town of Berwick upon Tweed, and, upon Complaint thereof, fhall be upon Oath of one or more Witness or Witneffes convicted before any Juftice or Juftices of the Peace, who is and are hereby impowered and authorized to hear and determine the fame (that is to fay) every Officer fo offending, fhall for every fuch Offence forfeit the Sum of five Pounds, to be diftributed amongst the Penalties. Poor of the Place where fuch Offence fhall be committed; and every Officer commanding in Chief upon the Place, for every fuch Offence committed by any Soldier under his Command fhall forfeit the Sum of ten Shillings, to be paid and diftributed in like Manner as aforefaid; and in cafe upon fuch Conviction made by the Justice of the Peace, and Demand thereof also made by the the Conftable and Overfeer of the Poor, fuch Officer shall refuse or neglect, and not within two Days pay the faid refpective Penalties, fuch Officer fo refufing or neglecting fhall and is hereby declared to have forfeited his Commiffion, and his Commiffion is hereby made null and void. XXX. And be it enacted, That there fhall be an exact Account of all Money due, according to the Mufter Rolls, to every Regiment in Her Majefty's Service, made upon the first Day of July, One thoufand feven hundred and three, or fix Days after, between the Paymafter of the Army for the Time being, and the Colonel of every fuch Regiment, or the Agent by fuch Colonel refpectively appointed and authorized to receive the Pay thereof, from the firft Day of March in the Year of our Lord One thousand feven hundred and two, to the thirtieth Day of April, One thousand seven hundred and three; and fo fucceffively from Time to Time, when four Months become due, an Account fhall be ftated, as aforefaid, for the two preceding Months; and after the faid Account fhall be fo made up and perfected, it fhall be registred in a Book to be kept for that Purpofe in the Pay Office, and there fubfcribed by fuch Paymafter General, or his Deputy, and the Colonel or Agent of the Regiment, who together with the faid Paymafter made up the fame, and a Duplicate thereof, by them refpectively figned, fhall be given to the faid Colonel or Agent, without Fee or Reward to be paid for the fame; which Colonel or Agent fhall deliver to each Captain of the Regiment an Account of fo much thereof as refpectively. appertaineth to him and his Troop or Company, and the inferior Officers and Soldiers thereof; and the Balance which shall remain upon making up every fuch Account as aforefaid, and alfo all other Money as fhall then become due to every fuch Regiment, fhall be by the faid Paymaster General paid to the faid Colonel or Agent refpectively, at fuch Time as Her Majefty fhall direct; and the Paymafter General for the Time being, offending herein, fhall lofe and forfeit for every fuch Offence the Sum of one hundred Pounds, to any Perfon or Perfons who will fue for the fame in any of Her Majesty's Courts of Record: And if any Deputy of the faid Paymafter, or any Agent of a Regiment, fhall offend in the Premiffes, upon Proof thereof made at a Court Martial, fuch Deputy or Agent fhall ipfo fado lofe his Place; and if any Colonel of a Regiment fhall offend therein, fuch Colonel fhall forfeit for every fuch Offence the Sum of one hun dred Pounds, to any Perfon or Perfons who will fue for the fame, to be recovered as aforefaid. XXXI. And be it further enacted by the Authority aforefaid, That no Warrant to take off the Refpits from any Mufter Rolls fhall be allowed by any Paymafter during the Continuance of this Act, unless the fame be counter-figned by the Lord High Treafurer of England, or the Lords Commiffioners of Her Majesty's Treasury for the Time being. XXXII. Provided always, That if any Perfon fhall harbour, conceal, or affift any Deferter from Her Majefty's Service, knowing him to be fuch, or fhall knowingly buy or exchange, or otherwife receive, any Arms, Clothes, Caps, or other Furni ture belonging to the Queen, from any Deferter, upon any Account or Pretence whatfoever, or cause the Colour of fuch Clothes to to be changed, the Perfon fo offending fhall forfeit for every fuch Offence five Pounds, and being convicted thereof at the General Penalty. or Quarter-Seffions, the fame fhall be levied by Diftrefs, by Warrant under the Hands of two or more Juftices of the Peace, upon the Goods and Chattels of fuch Offender, the one Moiety thereof to be paid to the Informer, by whofe Means fuch Deferter fhall be apprehended, and the other Moiety to the Officer to whom fuch Deferter did belong: and if any Perfon fo profecuted for harbouring or concealing, or affifting a Deferter, or for buying, exchanging, colouring, or receiving Arms, Clothes, Caps, or other Furniture, fhall be found not guilty, he fhall recover Treble Cofts, and be recovered in fuch Manner as Cofts in any Treble Cofts. other Cafe, where by the Law Cofts are given to Defendants. XXXIII. Provided, and it is hereby declared, That no Perfon Inhabitants of or Perfons inhabiting, or that fhall inhabit, in Ebbisham alias Ep- Epfom, &c. not Som, in the County of Surrey, or in any other Place where any liable to quarter Medicinal Waters are, fhall be liable by virtue of this Act to Soldiers, &c. have any Soldier or Soldiers billeted or quartered on him, her, or them, for or by reafon of his, her, or their Lodging, or receiving of fuch Perfons only, who fhall refort to fuch refpective Places for the Benefit of the faid Waters, or the Air, or keeping their Horses at Livery, or felling Beer, or Ale, or Victuals, in their Houses, to fuch Perfons only. • XXXIV. And forafmuch as there is not any effectual Pro- Officer or Soldier ⚫ vifion made for the Government of Her Majefty's Land Forces correfponding out of the Realm of England: Be it further enacted and with Rebel, &c. declared, That if any Officer or Soldier in Her Majefty's Army fhall, either upon Land out of England, or upon the Sea, hold Correfpondence with any Rebel or Enemy of Her Majefty, or give them Advice or Intelligence, either by Letters, Meffages, Signs or Tokens, or any Manner or Way whatsoever, or fhall treat with fuch Rebels or Enemies, or enter into any Condition with them, without Her Majefty's Licenfe, or License of the General, Lieutenant General, or Chief Commander, then every fuch Perfon fo offending fhall be deemed and adjudged to be guilty of High Treafon, and fuffer fuch Pains and Penalties High Treason. as in cafe of High Treafon. XXXV. And be it further enacted by the Authority afore- Caufing Mutiny, faid, That if any Officer or Soldier of Her Majefty's Army, or ftriking Ofeither upon Land out of England, or upon Sea, fhall raife, or ficer, &c. cause to be raised, any Mutiny or Sedition in the Army, or fhall refuse to obey his fuperior Officer, or fhall refift any Officer in the Execution of his Office, or fhall ftrike, draw, or offer to draw, or lift up, any Weapon againft his fuperior Officer, upon any Pretence whatsoever, all and every the Perfon and Perfons fo offending in any of the Matters before mentioned, shall be adjudged and taken to be guilty of Felony, and fhall fuffer as in Felony, as. Cafes of Felony; and every of their faid Offences fhall be deemed to be Felony, and fhall fuffer as in Cafe of Felony; and the Offenders being thereof convicted, or being indicted and arraigned thereof, and ftanding mute, or challenging peremptorily above the Number of twenty returned to be of the Jury, shall suffer Death as in Cafe of Felony. XXXVI. And be it further enacted by the Authority afore- Treasons, &c. faid, That all and every the Treafons and Felonies before men- committed, may VOL. VI. tioned, D d be tried in the &C. tioned, that fhall be committed, perpetrated or done, may be King's Bench, inquired of, heard, and determined in Her Majefty's Court, commonly called the King's Bench, by good and lawful Men of the fame County where the faid Court fhall fit and be kept, or before fuch Commiffioners, and in fuch County of this Realm, as fhall be affigned by the Queen's Majefty, and by good and lawful Men of the fame County, in like Manner and Form, to all Intents and Purposes, as if the faid Treafon and Felonies had been committed, perpetrated and done within the fame County. Saving to the Court Martial, committed out of the Realm, &c. XXXVII. Provided always, That this Act, or any Thing therein contained, fhall not extend to abridge Her Majesty's Power of forming, making and establishing Articles of War, and erecting and conftituting Courts Martial, and inflicting Penal, ties, by Sentence or Judgment of the fame, in fuch Manner as might have been done by Her Majefty's Authority beyond the Seas, in the Time of War, before the making of this Act. XXXVIII. And be it further enacted by the Authority afore&c. for Offences faid, That Her Majefty may, from Time to Time, grant a Com miffion to fuch General, Lieutenant General, or other Officers, as aforefaid, for the holding a Court Martial within this Realm, in which all Officers and Soldiers, who fhall at any Time hereafter, during the Continuance of this Act, commit any Crime or Offence out of this Realm, against the Rules, Articles, or Laws of War, and fhall not be tried for the fame by a Court Martial, before their Return into this Realm, fhall and may be tried and proceeded againft, and punished according to the Rules and Articles of War afore mentioned. Officer or Sol dier deferting beyond Sea, and elcaping into England, &c. Provifo. Corruption of Peers. XXXIX. Provided always, That if any Officer or Soldier shall defert Her Majefty's Service in any Parts beyond the Seas, and fhall efcape or come into this Realm or Ireland, before he be tried by a Court Martial for fuch Offence, then, and as often as any fuch Cafe fhall happen, if it shall alfo happen that the Regiment, Troop or Company, to which fuch Officer or Soldier fhall belong fhall continue in Her Majefty's Service beyond the Seas, it fhall and may be lawful, upon Oath thereof made to any one of Her Majefty's Juftices of the Peace, where fuch Offender fhall be taken, for fuch Juftices of the Peace to caufe fuch Offender to be fent to the General Court Martial in England or Ireland, who are hereby enabled, if they think fit, for Example's fake to fend fuch Offenders to the refpective Regiment, Troop, or Company beyond the Seas, to which the Offender fhall belong, there to be proceeded against according to the Directions of this A&t. XL. Provided alfo, That if any Perfon or Perfons fhall, in a Court Martial conftituted as aforefaid, be tried and acquitted, or convicted of any of the Crimes or Offences hereinbefore mentioned fuch Acquittal or Conviction shall be a full Bar to any Indictments or Proceeding for the fame Offence. XLI. Provided always, That no Attainder for any Crime or Offence made Felony by this Act, fhall extend to be adjudged to make any Corruption of Blood to any Heir of fuch Offender, or to debar the Wife of fuch Offender of her Title of Dower. XLII. Provided alfo, That if any Peer of this Realm fhall commit any of the Offences aforefaid, in any Parts beyond the Seas, and shall not have been there tried for the fame by martial Law Law, and after his Return into this Realm shall be indicted of any Offence hereby declared or enacted to be Treafon or Felony, that then, and after fuch Indictment, he shall have his Trial by his Peers, in fuch like Manner and Form as hath been accuftomed. XLIII. And be it declared and enacted by the Authority who may have! aforefaid, That all and every Perfon and Perfons who fhall here- the Benefit of after be accused, indicted or profecuted, for any Thing made or declared Treafon by this Act, fhall be intitled to the Benefit of the Act of Parliament made in the seventh Year of the Reign of His late Majefty King William the Third, intituled, An A& for 7 & 8 W. 3. c. 3. regulating Trials in Cafes of Treafon and Misprifion of Treafon. XLIV. And whereas it may be otherwife doubted whether Marine Regithe Marine Regiments, and the Officers and Perfons imployed ments and I rains in the Trains of Artillery, be within the Intent and Meaning of Artillery, & of this Act, for punishing Officers and Soldiers who fhall mu tiny or defert Her Majefty's Service, and for punishing falfe Mufters, and for Payment of Quarters:' It is hereby enacted by the Authority aforefaid, That the Officers and Soldiers of the Regiments, called the Marine Regiments (while they fhall be on Shore) and the Officers and Perfons imployed, or that shall be imployed in the feveral Trains of Artillery, be at all Times fubject to all the Penalties and Punishments mentioned in this Penalties, A&, during the Continuance of the fame. &c. XLV. And whereas it is just and reafonable, That the refpective Paymafters who have deducted, or fhall deduct, from the Pay of Her Majesty's Forces, or any of them, any Sum ⚫or Sums for the Poundage and one Day's Pay in the Year, be fore mentioned, or for Provifion, or any other Causes for which • Deductions are or fhall be directed to be made for the Service of the Publick, be duly charged therewith, and made accountable for the fame:' Be it therefore enacted by the Authority aforefaid, That the Right Honourable Richard Earl of Rane- Paymafter to lagh, of the Kingdom of Ireland, late Paymaster of Her Majefty's make up a parForces in England, and the Dominions thereunto belonging (Ire- tiolar Account land excepted) and in the Low Countries, and the Paymafter of Deductions, General, and other Paymafters thereof for the Time being, who are or shall be accountable for the Monies by them severally received, or to be received, for the faid Forces, or any of them refpectively, fhall deliver, or caufe to be delivered (as further Vouchers to his or their refpective Accounts) to the Auditor or Auditors, to whom it shall appertain to examine, try, and make up fuch Account or Accounts, the particular Account of each Regiment, Garifon, or Independent Company, whereby it may appear what Sums became due to fuch Regiment, Garifon, or Independent Company, for the Time of every fuch Account, and what Sums were difcharged by actual Payments, and how much was discharged by fuch Deductions as aforefaid; and that Auditors to exafuch Auditor or Auditors fhall carefully examine fuch regimental mine Accoun or other particular Accounts before mentioned, and fhall hereby ant, &c on have Power to examine the Accountant, or any of his Agents, upon his or their corporal Oaths (which the faid Auditor or Auditors have hereby Power to adminifter) touching the feveral Articles contained in fuch regimental or particular Accounts, as aforefaid, and toughing any other Matters or Things wherewith Dd2 fuch Oath, |