Page:Ruffhead - The Statutes at Large - vol 7.djvu/689

 A".;P. 1756. .^mio-viceiimo nono Georgii II. C. ly. 669^ t^f, fey and with the Advice and Gonfent of the Lords Spiritual and Temporal and Commons in this prefent Pai'Iiaifienfraifembled, and by the Authority of the fame, That if ahy Subjea of the Crown of ^"^jR^jPS «f. Great Britain, irona and after the firll Day of May^ one thoufand feVen hundred and fifty-fix, (hall take coLmimon, or accept of any Military Commifllon, or otherwife enter into the Mihtary Service of the French King, &c. in the as a Cdmmiffionedbr Non-commiffioned Officer, without Leave or Licence of his Majefty, his Heirs or^^^";^'^ "^'"t^'out. Succefforsj-firft had and. obtained for that Purpoie, under the Sign Manual of his Majefty, his Heirs or L^vef under Suceefforsji ■ every fuchj'Perfon fo offending, being thereof lawfully convi6led, fhall be taken, deemed the sienMa- a'nd adjudged to be gqiity of f Felony, and Ihall-fufFer Death as in Cafes- of Felony, without Benefit of "^ "^'°"^- Clergy, '■ -;"i- ■-■■':-•;■"'--;•; . o"V;;;:;■■■;,•'■,;:■.,...:, ,:;f'J . ' II. Andbe it furbher i^faaded "hy the Authority aforefaid. That if any Commiffioned or Non-com- officers snd miffioaed Officer,' or Private Soldier (being a Subject of the Crown of Great Britain) who may be now Soldiers return- in the faid Service, without his Majefty's Licence firft had and obtained as' aforefaid, do and fliall, on i^? ^^j",^ '„ or before the tWenty-nihth Day of September one thoufand feven hundred and fifty-feven, return into their Duty and this Kingdom, with Intent to become, and fliall become, a dutiful and faithful Subjed to his- Majefty, Allegiance, and his 'Heirs' and Succeflors, and Yurrendeii'himfelf to any one or more of his Majefty's Juftices of the q!^j{J|'^'" ^^ Peace within this Kingdom, >and fhah within the Time aforefeid, with good- and fufficient Sur^tiesy *' enter into a fufficient Recognizance to appear at the next General Aflizes, .or General Quarter-Seffions of the Peace to be held for the Cotinty in which he or they fliall fo furrender, and Ihall at fuch General Aflizes, or Quarter-Seffions of the Peace, take and fubfcribe the Oaths of Allegiance- and Abjuration in open Court, fuch Officer or Soldier ffiall from thenceforth be exempted and freed from all Of' exempted from ' fences. Penalties and Forfeitures created by this A6t, or by any other Aft, againft enlifting in Fo- penalties; reign Service; any Thing in this Aft, or any former Aft, to the contrary thereof in any wife notwithftanding. , . . HI. Arid be it further enafted,^ That' if any Comtwiffioned or Non-comml-ffibhed Officers -or Private "e'liabie^to be Soldiers (Subjefts of the Crown of Gre^at Britain) whaaix now in 'the Service of the French King, ffiall adjudged guilty remain and contipue inifuch Service, from and after the, faid twenty-ninth Day oi /September ont thou- of Felony, fand feven hundred and fifty-feven, without Leave or Licence from his Majeflyj his Heirs and Succef- fors, firft had and obtained, under the Sign Manual of his Majefty, his Heirs or Succeflors, all and every fuch Perfons and Perfon fo offending, being thereof lawfully convifted, ffiall be taken, deem- ed and adjudged, to b,e guilty of Fel'ony, and ffiall fuffer Death as in Cafes of Felony, without and fufferDeath. Benefit of Clergy. "''•■'••■'! '' ' . ,■ ' ' ' IV. And whereas'a Praftice ha's been introduced in order to evade and elude the Pfoviflons made by ' his Majefty's Subjefts to. go beyond the Seas, or embark, with an Intent upon their arrival abroad, to ' with Intent to embark, and go beyond the Sea^, to be inlifted when abroad to ferve as Soldiers in ' from the Perfons fo hiring, retaining or procuring, be an Inlifting within the Meaning and Intention ' of the faid Aft of the ninth of his prifent Majefty, fo as fo make fuch Perfon' liable to the Provifions-- ' and Penalties of the faid Aft:' For removing the faid Doubt, and for the more effeftually preventing, a Praftice fo highly detrimental to this Kingdom; Be it declared and enafted. That if any Subjeft of Subjeascon- the Crown of Great Britain hath engaged, contrafted or agreed, or ffiall engage, contraft or agree, •■■^'^'"S &c- to within the Kingdom of Great Britain or Ireland, to go beyond the Seas, or embark, with an Intent ands"'^;^,'" ^'°'''^'Si in order to inhft and enter himfelf to ferve as a Soldier in any Foreign Service, though no inlifting Mo- ney be aftually paid to or received by him; or if any Perfon hath hired, .retained, engaged or procured, gafinrt'h"m^"" or ffiall hire, retain, engage or procure any Subjeft of his Majefty, his heirs or S~ucce(fbrs, though no without licence inlifting Money hath been or ffiall be aftually paid to or received by him, to agree to go beyond the from his Ma- Seas, or embark, with an Intent and in order to be inlifted to ferve any Foreign Prince, State or Po-J^"!'' tentate, as a Soldier, without Leave or Licence of his Majefty, his Heirs or Succeflors, firft had and obtained for that Purpofe; every fuch Perfon fo offending, being' thereof lawfully convifted, fliall be- adjudged to be guilty of Felony, and ffiall fuiTer Death as in Cafes of Felony, without Benefit of j^ fyjf^j. p^^ff,- Clergy.
 * an Aft pafled in tiie ninth Year of hisprefent Majefty's Reign, intituled, ^« Jli to prevent the //y?/«^,9Geo. s. c 30,
 * ■ his Majejiy's Subject to'firve as Soldiers without his Majefty's Licence, by hiring, retaining, or procuring,
 * inhft and enter themfelves to ferve as Soldiers in Foreign Service, without aftually giving them any
 * inlifting Money at the Time of their fo procuring them to go abroad, with the Intent aforefaid: And
 * whereas a Doubt has arofe, whether the fo hiring, retaining or procuring, his Majefty's Subjefts,
 * 'Foreign Service, without aftually paying to fuch Perfons, and their receiving inlifting Money here
 * ' V. And whereas it is highly necefl"ary that Officers of Troops compofed of Britijh Subjefts and re-

any of his Majefty's Britijh Subjefts ffiall, from and after the twenty-fourth Day of June one thoufand i"s[;g"^^'^j^j^°"^ feven hundred and fifty-fix, accept of Commiffions in the Corps in the Service of their High Migliti- Brigaide, in the nefles the States General of the United Provinces, diftinguiflied by the Name of The Scotch' Brigade, states Generals and who are not already in that Service, every fuch Perfon ffiall v/ithin fix Months after the Date of fuch Service, his Commifllon, take and fubfcribe the Oaths of Allegiance and Abjuration in one of his Majefty's Courts at fVeJi?ninJJer, or at the General Affixes or General-Quarter Seffions of the Peace to 'oe holden ^° take,;.-c. the for ibme County, in that Part of Great Britain aWed England, or in the Court of Seffion, ■ Court of *^^'"' Jufticiary, Court of Exchequer, in that Part of Grtat Britain-czWeA Scocland, or in a Sheriff or Stew- art Court, or before the Juftices of the Peace at their Quarter-Sefficns there, or in the Dominions of the States General, before his Majefty's Minifter there (who are hereby impowered to adminiiter fuch Oaths)
 * cruited in Great Britain, by his Majefty's Permiffion, ffiould not be permitted to enter into the Service of
 * any Foreign Power or State whatfoever, without giving the moft folemn Teftimony of the Allegiance
 * which they owe to his moft facred Majefty;' Be it further enafted by the Authority aforefaid. That if Sutjefls accept-'-