Page:Ruffhead - The Statutes at Large - vol 2.djvu/551

 A. D. 1557. Anno quarto & quinto Philippi & Mai C. j' C A P. III. An Att for the Taking of Muftcrs. 1 XTTTIF.RK heretofore Commandment hath been given by the King and Queen's Majeftiet. and othei 1 1 VV the Progenitors of the Queen's Majefty, Kin irera and fun ' Mufter their Majefties People and Subjects of their Realm ol I n 1 to levy a Nfuml ' the Service of their Majefties, and of this Realm, in their Wai oft able and ' ferve well in the fame : (•;.) Which Sarvice hath been greatly hindered, at well for that a great Nun ' hath abfented them from the faid Muftcrs, whii h ought to have come to the fame, u alfo for thai ' many of the molt able and likely Men ("or that Service have been through Friendship or Rewards re- ; ' leafed, forborn and difcharged of the faid Service; (■7} and fome other not being able or meet, t, ' appointed and chofen thereunto, and yet the fame Difability and Unaptnefs notwithstanding, the fame* 4 unable and unmeet Perfons, upon Sums of Money, or other Kind of Rewards or Kxactions by them paid n Wir. 4 to fome fuch as had the Order of the faid Mutters, have been alfo releafed and difcharged of the (aid Ser- 4 ice, to the great Impoverishment of the Subjects, and chiefly to the great Peril and Danger of this noble ' Realm, in the Hindrance of the true and necefTary Service thereof:' II. For Remedy whereof, be it enacted by the King and Queen our Sovereign Lord and Lady, with the Aflent of the Lords Spiritual and Temporal, and the Commons, in this preient Parliament alien and by the Authority of the fame, That if any Perfon or Perfons, that Shall be commanded at any lime hereafter generally or Specially to mutter afore any fuch as Shall have any Authority or Commandment for the fame, by or from the King and Queen's Majefties, or by the Heirs or Succeflbrs of the Queen'i jelly, or by any Lieutenant, Warden, or other Perfon or Perfons authorized for the fame, do willingly ab- fent him or themSelvcs from the fame Mutters, having no true and reafonable Excufe of Sicknefs or other lawful Impediment; or at their Appearance at fuch Mutters do not bring with them f:ch their beft Furni- ture or Array and Armor, as he or they Shall then have for his or their own Perfon in Readinefs : Shi every Such Default and Offence have and Suffer Imprisonment by the Space often Days, without Bail or Mainprife, by the Commandment of fuch as Shall have Authority, as is aforefaid, to take the fame Muf- tcrs ; unlets he or they fo offending, as is aforefaid, do agree to or with the faid CommLTioners or Two of them, to pay to the Ufe of the King and Queen our Sovereign Lord and Lady, or of the Heirs or Succef- fors of the fame our Sovereign Lady, for every fuch Offence, forty Shillings for a Fine; (2) which faid ' Fine, after Agreement for the Payment of the fame, as is aforefaid, Shall be certified and eftreated into the Court of the Exchequer at JVeJlminJier, by Such as Shall have Power to take the Said Muftcrs, as is aforefaid, or by Two of them, under their Seals, or the S ab of Two of them, within the Space of two M next after fuch Agreement to pay the faid F'ine haJ or made, and the fame Fine fo eftreated, to be levied in fuch Form as Fines aflelTcd by the Jufticcs of Affile, o: of Gaol-delivery in their Circuits are ufed to be levied. III. And be it further enacted by the Authority aforefaid, That if any Perfon or Perfons, which at any Tll. p Time or Times hereafter Shall be commanded or appointed by the King and Queen our Sovereign Lord and Muftei Lady, or by the Heirs and Succeflbrs of the fame our Sovereign Lady, by their Commiffion, Letters or "king E othcrwife authorised to levy, mufter, or make any Men to Serve in their Vars, or otherwise for the Defence [° d <"«*<: of this Realm, do by any Mean exact, levy, receive or take, or caufe to be taken, any Sum or Sums of' Money, or other Reward or Thing whatfoever, of any Perfon or Perfons, for Service in the Wars, or that Shall be appointed, named or muttered to ferve in any fuch Service, or for the Sparing, Releafing or Dis- charging of fuch Perfon or Perfons from the faid Service, that then every fuch Perfon that fo fha!! offend in Exadting, Receiving or Taking by any Ways or Means, any Sum or Sums of Money, or other Reward or Thing whatfoever, as is aforefaid, Shall for fuch Offence forfeit ten Ti r.es fo much as he Shall fo re- IV. And be it further enacted by the Authority aforefaid, That if any Captain, Petty Captain or other, The p- • v. . f having Charge of Men for Service in War, Shall for any Advantage, Lucre or Gain by him to be taken or .<. received, difcharge or licence any of the Soldiers, or Men appointed to ferve in the Wars un !er his Ru! 1 Order, to depart from the Same Service, or Shall not pay unto his Soldiers, and to every of them, theii full and whole Wages, Conduct and Coat Money, within ten Days next after that fuch Captain, Petti Captain, or other having Charge of Men, as is aforefaid, Shall have received the fame ; that then the P; fo offending in giving any fuch Licence or Difcharge, as is aforefaid, Shall lofe and forfeit for every fuch Offence ten Times the Value of the Thing fo taken or received, and Shall alfo pay to every Soldier from i whom he Shall fo withhold any of the faid Wages, Conduct- or Coat Money, treble the Sum fo withhol (2) the one Moiety of all which Forfeitures, other than fuch as before by this Act is limited orgiven : th v Soldier or Soldiers, as is aforefaid, for their Wages, Coat or Conduct Money withdrawn. Shall bet.) tl King and the Queen's Majefties, and the Heirs and Succeflbrs of the Queen's Majefty, and other the M< thereof to him or them that will fue for the fame by Action of Debt, Rill, Plaint, Information or otherwiie, in any Court of Record ; in which Action or Suit, no Effoin, Protection or Wager of Law Shall be alio .-. ed. V. And be it further enacted by the Authority aforefaid, That all Juftices of Affiles in their Circuits, and all Jufticcs of Peace within the Limits of their Commiffion in their Affiles and Seffions, and Stewards oi Leets, Law-days and Liberties, at their Leets and Law-days, Shall and may from Time to Time enquire, hear and dett i ■
 * ceive, exact or take.