Page:Ruffhead - The Statutes at Large - vol 4.djvu/211

 A. D. 1703. Anno fecundo 6c tertio Ann^e Regins. C. 19, 20. 159 CAP. XIX. An A(5l for raifing Recruits for the Land Forces and Marines, and for difpenfing with Part of the Aft for EX P. the Encouragement and Increafe of Shipping and Navigation during the prcfent War. C A P. XX. An Aft for punifhing Mutiny, Defertion, and falfe Mufters, and for better paying of the Army and EXP. Quarters, and for fatisfying divers Arrears, and for a further Continuance of the Powers of the £ve Comniiflioners for the examining and determining the Accounts of the Army. Officers or Soldiers, who fhall mutiny or defert, to fuffer Death. General to call Courts Martial for punifhing Offenders. Court Martial to confift of 13 Commiffion Officers. OfHcer or Soldier not to be exempt from the or- dinary Procefs of Law. Aft not to extend to the Militia Forces. Every OfHcer at a Court Martial to take an Oath. Nine Officers to concur in giving Sentence of Death againft Offender. No Trial to be but between eight and one. Penalty on Perfon making falfe Certificate to excufe Soldier from Mufler. Penalty on Officer making faHe Mufler. CommifTary to give Notice of the Muffer to the Mayor, &€. Mayor, t5fc, to be prefent at Mufler. No Mufler Roll to be allowed, unlefs figned by Mayor, &'c. Penalty on Perfon falHy muflered. Horfe muftered not belonging to the Troop forfeit- ed, &c. Penalty on Paymafler, (sfi. detaining Officers or Soldiers Pay, iffc. Officer to bring a Cer- tificate of Men fick or abfent. Penalty on Officer muflering Servants, iffc 31 Car. 2. c. i. Officers and Soldiers may be quartered in Inns, Livery Stables, is'c. Penalty on quartering Officers or Soldiers in private Houfes, ferV. Juflices to fet Rates for all neceffary Provifions for Soldiers in their March. Penalty on Officer taking Money to excufe the quartering of Soldiers. No Paymafler, &c. to deduft Fees out of Officers or Soldiers Pay, (sfc. Officer, on Receipt of Subfiflence Money, to give Notice thereof to Innkeepers, iffc. who are to bring in their Accounts. Rates allowed for Diet, &c, for Offi- cers and Soldiers. Officer to make up Accounts before he leaves his Quarters, &c. All Accoutrements of War fhall be bought in England. Mufler Rolls to be clofed the fame Day as taken : One whereof to be returned to the Paymafler General, and another to the Comptroller of the Army Accounts. Car- riages to be provided for the Forces in their March. Penalty on Officer forcing Waggon, &c. to tra- vel more than one Day's Journey, or forcing Horfes from the Owners. Penalty on Officer quartering Wives, Children, fcfr. of Soldiers !n Houfes againfl Confent of Owner. Penalty on Civil Officer {o doing. Penalty on Officers or Soldiers deftroying the Game without Leave. Account of Money due to every Regiment in the Queen's Service, to be made up between the Paymafler General and the Co- lonel, i^c. and fo every four four Months, fiff. Colonel to account with his Captains, tfrV. Penalty on Perfons harbouring Deferters, fcfc. Inhabitants oi Epfim, &c. not liable to quarter Soldiers. ' XXXIV. And forafmuch as there is not any efFeftual Proviflon made for the Government of her Officer or Soi- That if any Officer or Soldier in herMajefly's Army fliall, either upon Land out of England, or upon Q^J,i.''^_ the Sea, hold Correfpondence with any Rebel or Enemy of her Majefly, or give them Advice or Intel- iif« beyonTsea, ligence, either by Letters, MefTages, Signs, or Tokens, or any Manner of Way whatfoever, or fhall guilty of High treat with fuch Rebels or Enemies, or enter into any Condition with them, without herMajefly's Li- Tteafon. cence, or Licence of the General, Lieutenant General, or chief Commander, then every fuch Perfon fo offending, fliall be deemed and adjudged to be guilty of High Trea^n, and fuffer fuch Pains and Penal- ties as in cafe of High Treafon. XXXV. And be it further enafted by the Authority aforefaid. That if any Officer or Soldier of her Officer or Sol- Majefly's Army, either upon Land out of England, or upon the Sea, fhall raife, or caufe to be raifed, ^'"'^y'"^'^^ any Mutiny or Sedition in the Army, or fhall refufe to obey his fuperior Officer, or fhall refifl any "^''"^<,^7efiflin" Officer in the Execution of his Office, or fhall ftrike, draw, or offer to draw, or lift up, any Weapon hT/office? '&e!^ againft his fuperior Officer, upon any Pretence whatfoever ; all and every the Perfon and Perfons fo offend- guilty of Fdony, ing, in any of the Matters before mentioned, fhall be adjudged and taken to be guilty of Felony, and fhall fuffer as io Cafes of Felony ; and every of their faid Offences fhall be deemed to be Felony, and fliall fuffer as in cafe of Felony ; and the Offenders being thereof convifted, or being indifted or ar- raigned thereof, and ftanding mute, or challenging peremptorily above the Number of twenty returned to be of the Jury, fhall fuffer Death as in cafe of Felony. XXXVI. And be it further enafted by the Authority aforefaid. That all and every the Treafons and AlITreafonsand Felonies before mentioned, that fhall be committed, perpetrated, or done, may be inquired of, heard Felonies may be and determined in her Majefty's Court, commonly called the ^een's Bench, by good and lawful Men "•'^'f "n *<; of the farhe County where the faid Court fhall fit and be kept, or before fuch Commiffioners, and in Qa^en's Bench fuch County of this Realm, as fliall 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 Purpofes, as if the faid Treafon and Fe- lonies had been committed, perpetrated, and done within the fame County. XXXVII. Provided always. That this Aft, or any thing therein contained, fhall not extend to abridge ^i,- An her Majefly's Power of forming, making, and eftablifhing Articles of War, and erefting and conflrituting abridge the Courts-martial, and inflifting Penalties by Sentence or Judgment of the fame, in fuch Manner as might Queen's Power have been done by her Majelty's Authority beyond the Seas, in the Time of War, before the making of of making Ar- this Aft. "^ ticlcs of Way, XXXVIII. Aiid
 * Majefty's Land Forces out of the Realms of England and Ireland;' Be it further enafted and declared, ^^^' correfpond^