An Act for punishing Mutiny and Desertion ; and for the better Payment of the Army and their Quarters.

Whereas the raising or keeping a Standing Army in this Kingdom in Time of Peace, unless it be with Consent of Parliament, is against Law : And whereas His Majesty has judged it necessary to declare War against Spain, for vindicating the Honour of the Crown, and for the Preservation of the free Navigation and Commerce of the Subjects of this Realm : And whereas it is judged necessary by His Majesty, and this present Parliament, that a Number of Forces should be kept on Foot for the Purposes aforesaid, and for the Safety and Defence of this Kingdom, amounting to Forty six thousand two hundred eighty eight effective Men, including Two thousand three hundred twenty two Invalids, and Eleven thousand five hundred and fifty Men, which compose the Ten Regiments of Marines : And whereas it may be necessary, during the Course of the present War, to raise others for the like Services : And whereas no Man can be forejudged of Life or Limb, or subjected in Time of Peace to any Kind of Punishment within this Realm, by martial Law, or in any other Manner, than by the Judgement of his Peers, and according to the known and established Laws of this Realm ; yet nevertheless, it being requisite for the retaining such forces in their Duty, that an exact Discipline be observed, and that Soldiers who shall mutiny, or stir up Sedition, or shall desert His Majesty's Service within this Realm, or the Kingdom of Ireland, be brought to a more exemplary and speedy Punishment than the usual Forms of the Law will allow ; be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Twenty fourth Day of March, in the Year of our Lord One thousand seven hundred and forty one, if any Person being mustered, or in Pay as an Officer, or who is or shall be listed, or in Pay as a Soldier, and on the Twenty fourth Day of March, One thousand seven hundred and forty one, shall remain in such Service, or shall, during the Continuance of this Act, herein after mentioned, voluntarily enter himself in His Majesty's Service as a Soldier, shall at any Time during such Continuance of this Act, within the Realm of Great Britain, in the Kingdom of Ireland, or in the Island of Minorca, or in His Majesty's Garison at Gibraltar, or in any of His Majesty's Dominions beyond the Seas respectively, begin, excite, cause, or join in any Mutiny or Sedition in the Company, Troop, or Regiment whereto he doth belong, or in any other Company, Troop, or Regiment in his Majesty's Service, or desert His Majesty's Service ; or being a Soldier actually listed in any Regiment, Troop or Company, shall list himself in any other Regiment, Troop or Company, without a Discharge produced in Writing from the Colonel, or in his Absence, the field-officer commanding in chief the Regiment, Troop or Company, in which he last served as a listed Soldier ; or if any Officer or Soldier, in His Majesty's Army shall, either upon land within or out of Great Britain, or upon the Sea, hold Correspondence with any Rebel, or Enemy of His Majesty, or give them Advice or Intelligence, either by Letters, Messages, Signs, or Tokens, or any Manner or Way whatsoever; or shall treat with such Rebels or Enemies, or enter into any Condition with them, without His Majesty’s Licence, or Licence of the General, Lieutenant-general, or Chief Commander ; or shall strike or use Violence against his superior Officer, being in the Execution of his Office ; or shall refuse to obey any lawful Command of his superior Officer ; the Matters before mentioned, shall suffer Death, or such other Punishment as by a Court-martial shall be inflicted.

Preamble.











The Number of effective Men.
























After 24 March 1741, during the Continuance of this Act, every Officer or Soldier in the Army,









who shall mutiny, or desert, & c.





or list in any other Regiment, & c.






or correspond with the Enemy,





or shall strike,

or not obey his superior Officer ; shall suffer Death, or such Punishment as a Court-martial shall inflict.

And be it further enacted by the Authority aforesaid, That His Majesty may, from time to time, grant a Commission under His Royal Sign Manual, to any Officer, not under the Degree of a Field-officer, for the holding a General Court-martial within this Realm ; and also to grant his Warrant to the Lord Lieutenant of Ireland, or other chief Governor or Governors there for the time being, or the Governor or Governors  of the other Places aforesaid, or the Person or Persons there commanding in chief, from time to time to appoint Courts-martial in that Kingdom ; in which Courts-martial all the Offences above mentioned, and all other Offences herein after specified, shall be tried and proceeded against in such Manner, as by this Act shall be hereafter directed.

The King may grant a Commission to hold a Court-martial, & c.

And be it also further enacted, That it shall and may be lawful to and for such Courts-martial, by their Sentence of Judgement, to inflict corporal Punishment, not extending to Life or Limb, on any Soldier, for Immoralities, Misbehaviour, or Neglect of Duty.

Courts-martial may inflict corporal Punishment for Imoralities, & c

And it is hereby further enacted and declared, That no General Court-martial, which shall have Power to sit by virtue of this Act, shall consist of a less Number than Thirteen, whereof none to be under the Degree of a Commission-officer ; and the President of such last Court-martial not to be under the Degree of a Field-officer, or the then Commander in chief of the Garison where the Offender shall be tried ; and that such Court-martial shall have Power and Authority to administer an Oath to any Witness, in order to the Examination or Trial of any of the Offences that shall come before them.

Not to consist of less than 13, and the President to be a Field officer, & c.






May administer an Oath to Witnesses.

Provided always, That in all Trials of Offenders by General Courts-martial, to be held by virtue of this Act, every Officer present at such Trial, before any Proceedings be had thereupon, shall take an Oath upon the holy Evangelists, before the Court and Judge-advocate, or his Deputy (who are hereby authorized to administer the same) in these Words, that is to say ;

Officers to be sworn

You shall well and truly try and determine, according to your Evidence in the Matter now before you, between Our Sovereign Lord the King’s Majesty, and the Prisoner to be tried :

So help you God.

The Oath

And no Sentence of Death shall be given against any Offender in such Case by any General Court-Martial, unless Nine Officers present, shall concur therein ; and if there be more Officers present, then the Judgement shall pass  by the Concurrence of the major Part so sworn, which major Part shall not be less than Nine, and not otherwise: And no Proceeding or Trial shall be had upon any Offence, but between the Hours of Eight of the Clock in the Morning, and One in the Afternoon.

Nine Officers to concur, & c.






Hours of Trial.

Provided always, That nothing in this Act contained shall extend, or be construed to exempt any Officer or Soldier whatsoever, from being proceeded against by the ordinary Course of Law ; or be any ways construed to extend to concern any of the Militia Forces of this Kingdom, or of the Kingdom of Ireland. 

This Act not to exempt Soldiers from ordinary Process ; or extend to the Militia.

And for the preventing of Fraud and Deceit in the mustering of Soldiers, be it further enacted by the Authority aforesaid, That if any Person shall make or give, or procure to be made or given, any false or untrue Certificates, whereby to excuse any Soldier for his Absence from any Muster, or any other Service, which he ought to attend or perform, upon Pretence of Sickness, or being employed in Recruits ; that then, every such Person so making, giving, or procuring such Certificate, shall forfeit for every such Offence the Sum of Fifty Pounds, and shall be forthwith cashiered and displaced from his Office, and shall be thereby utterly disabled to have or hold any military Office or Employment within this Realm, or in his Majesty’s Service ; and no Certificate shall excuse the Absence of any Soldier, but for the Reasons above mentioned, or one of them ; and the Commissary of the Musters is hereby directed to set down on the Roll, at the Time of the taking of the Muster, the Reasons of the Absence of such Soldier respectively, and by whom certified ; and not to set down any such Excuse, without View of such Certificate.

Penalty on false Certificates to excuse Soldiers from Musters.

And be it further enacted by the Authority aforesaid, That every Officer that shall make any false or untrue Muster of Man or Horse ; and every Commissary, Muster-master, or other Officer, who shall wittingly or willingly allow or sign the Muster-roll, wherein such false Muster is contained, or any Duplicate thereof ; upon Proof thereof, upon Oath, made by Two Witnesses before a General Court-martial to be thereupon called, (which is hereby authorized and required to administer such Oath) shall, for such Offence, be forthwith cashiered and displaced from such his Office, and shall be thereby disabled to have or hold any civil or military Office or Employment within this Kingdom, or in His Majesty’s Service, and shall likewise forfeit One hundred Pounds.

Penalty on Officers making false Musters, & c.

And whereas His Majesty hath been graciously pleased, in Compassion to the distressed Condition of several Widows of Officers of the Army, who have lost their Lives in the Service in the late War, or during the late Rebellion, by Orders made under His Royal Sign Manual, to direct his Commissary-general of the Musters to allow upon the Muster-rolls of all the Regiments, Troops and Companies, a Number of fictitious Names therein mentioned, instead of private Men, in order to raise and settle a fund for the Maintenance of such Widows of Officers, as are or shall be intituled to His Royal Bounty : And whereas His Majesty has been graciously pleased, under His Royal Sign Manual, to give the like Directions to His Commissary-general of the Marines, and has appointed a Receiver for the Purposes aforesaid, and directed the Paymaster-general, and the Paymaster of the Marines, by like Orders under His Sign Manual, to pay over the full Pay of such fictitious private Men to such Receiver, to be distributed to such Widows, according to his Instructions in that Behalf ; be it further enacted and declared by the Authority aforesaid, That no Allowance of any such fictitious Name upon any Muster roll, shall be construed to be a false Muster ; any thing in this or any former Act contained to the contrary notwithstanding.

Fictitious Names allowed by His Majesty's Order upon the Muster-rolls, for the Maintenance of Officers Widows, not to be construed a false Muster.

And be it further enacted by the Authority aforesaid, That every Commissary or Muster-master, upon any Muster to be made, had, or taken by him or them, shall, by a convenient Time before such Muster made, give Notice to the Mayor, or other chief Magistrate or Officer of the Place where the said Soldiers so to be mustered shall be quartered ; who is hereby required to be present at every such Muster, and give his utmost Assistance for the discovering any false or untrue Muster there made, or offered to be made ; and that every such Commissary or Muster-master, making or taking such Muster, that shall neglect to give such Notice, as aforesaid, or shall refuse to take the Aid and Assistance of such Mayor, chief Magistrate, or Officers, where the Soldiers to be mustered shall be quartered, shall forfeit the Sum of Fifty Pounds, and shall be discharged from his Office and no Muster-roll shall be allowed, unless the same be signed by the said Mayor, or other chief Magistrate, or Officer respectively : But in case such Mayor, chief Magistrate, or Officer shall not, upon the Notice given them, attend such Muster, or shall refuse to sign such Muster-roll without giving good and sufficient Reasons for such his Refusal ; that then the Commissary may proceed to muster such Regiment, Troop, or Company, without incurring the said Penalty ; and such Muster-roll shall be allowed, though not signed as aforesaid ; provided that Oath be made before any of His Majesty’s Justices of the Peace within Forty eight Hours, after such Muster ; and the said Muster-roll shall then be produced, and examined by the said Justice of the Peace, who is hereby required to sign the same, if there shall appear to be no good or sufficient Objection to the same.

Muster-master to give Notice of Muster to Mayor, & c.








Penalty on Muster-master neglecting to so do.





Muster Rolls to be signed by the Mayor, & c.

And be it further enacted by the Authority aforesaid, That if any Person shall be falsly mustered, or offer himself falsly or deceitfully to be mustered, upon Proof thereof made upon Oath by Two Witnesses before the next Justice of the Peace of the County where such Muster shall be made, and upon Certificate thereof in Writing, under the hand of the Commissary of the Musters, or Chief Magistrate, as aforesaid, made to such Justice of the Peace, the said Justice is hereby authorized and required to commit such Offender to the House of Correction, there to remain for the Space of Ten Days ; and if any Person shall wittingly or willingly lend or furnish any horse to be mustered, which shall not truly belong to the Trooper or Troop so mustered ; the said Horse so false mustered, shall be forfeited to the Informer, if the same doth belong to the Person lending or furnishing the said Horse ; or otherwise, the Person lending or furnishing the said Horse shall forfeit the Sum of Twenty Pounds, upon Oath made by Two Witnesses before the next Justice of the Peace.

Penalty upon Persons falsely mustered.










Horses falsely mustered, to be forfeited, & c.

And be it further enacted by the Authority aforesaid, That the said Forfeiture shall be to such Person or Persons that shall inform, immediately to be paid out of the Arrears of such Officer’s Pay, as shall knowingly offend, upon Conviction before the Court-martial, by Order of the said Court to the Paymaster, if such Officer so offending shall have any Arrears : And if there shall be no Arrear, the Court-martial shall immediately give Order to seize the Goods of such Officer so offending, and sell them for Payment of such Forfeiture to the Informer, rendering the Overplus to the Owner ; and if such Officer so offending shall have no goods, then he shall be sent to the common Gaol, there to remain without Bail or Mainprize  for the Space of Six Months ; and the said Court-martial is hereby obliged to discharge such Informer, if a Soldier, from any further Service, if he shall demand the same.

Forfeiture how to be levied.

And be it further enacted, That if any Paymaster, Agent, or Clerk of any Garison, Regiment, Troop, or Company, shall willfully detain or withhold, by the Space of One Month, the Pay of any Officer or Soldier (Cloaths, and all other just Allowances being deducted) after such Pay shall be by him or them received ; or if any Officers, having received their Soldiers Pay, shall refuse to pay each respective Non-commission Officer and Soldier their respective Pay, when it shall become due, at the Rate of Seventeen Shillings and Six Pence per Week for each Corporal of Light-horse, Fourteen Shillings per Week for each Trumpeter and private Trooper, Nine Shillings and eleven Pence per Week for each Dragoon ; Nine Shillings and Four Pence per week for each Sergeant, Six Shillings and Two Pence per Week for each Corporal, Five Shillings per Week for each Drummer, Four Shillings per Week for each private Soldier of His Majesty’s Three Regiments of Foot-guards ; and Six Shillings per Week to each Sergeant, Four Shillings and Six Pence per Week to each Corporal and Drummer, and Three Shillings per Week to each Foot-soldier of any other Regiment or independent Company ; and at the End of every Two months, to account for One Shilling per Week to each Sergeant, and Two Pence per Week to each Corporal and Drummer, and Six Pence per Week to each Foot-soldier ; the said One Shilling per Week, Two Pence per Week, and Six Pence per Week, being the Remainder of the Subsistence of each Sergeant, Corporal, Drummer, and Foot-soldier ; then, upon Proof thereof before a Court-martial, as aforesaid, or a Court of General Officers, to be for that Purpose held and summoned by His Majesty’s Order, every such Paymaster, Agent, Clerk, and Officer so offending, shall be discharged from his Employment, and shall forfeit to the Informer, upon Conviction before either of the said Courts, One hundred Pounds, to be levied as aforesaid ; and shall be utterly disabled to have or hold any civil Office or Employment within this Kingdom, or in His Majesty’s Service ; and the Informer, if a Soldier (if he demands it) shall be, and is hereby discharged from any further Service ; any thing in this Act contained to the contrary notwithstanding.

Penalty on Agent,
& c. detaining Officer's or Soldier's Pay.






Weekly Rates.

And for the better Execution hereof, and that a true and regular Account may be kept and rendered by the Agents of the several Regiments, and independent Troops and Companies, the said Agents are hereby required and directed to observe such Orders and directions, as shall from time to time be given by His Majesty, under His Sign Manual, or by the Lord Treasurer, or Commissioners of the Treasury for the time being ; and if any Agent shall refuse or neglect to observe and comply with such Orders and Directions, he shall be discharged from his Office, and be utterly disabled to have or hold any such Office in His Majesty’s Service.

Penalty on Agents disobeying of Orders, the King, or Lord Treasurer

And it is hereby enacted, That the Surgeon, or his Mate, shall within the Cities of London and Westminster, and Ten miles of the same, certify upon Oath to the Muster-master, that he hath actually  seen such Persons as he certifies to be sick ; and such Commanding Officer shall also certify the Names of such others, as shall be employed in raising of Recruits : And if such Certificate shall prove false, upon Conviction thereof before a Court-martial, the Officer signing such Certificate shall suffer such Penalties, and in such Manner, as is declared and inflicted by this Act upon those who shall make false Musters : And the Commissary of the Musters is hereby directed to insert in the Docket annexed to the Muster-roll, the Place where, and precise Day when every Muster-roll is taken.

Surgeon, & c. within 10 Miles of London,
& c. to certify who are sick ; and Commanding Officer, who are employed in raising Recruits.

And it is enacted, That if any Officer or Commissary shall muster any Person by a wrong Name knowingly upon Conviction thereof before a General Court-martial, the said Officer or Commissary shall suffer such Penalties, and in such Manner, as is declared and inflicted by this Act upon those who shall make false Musters

Penalty on Officer mustering Persons by wrong names.

And whereas by the Petition of Right, in the Third Year of King Charles the First, it is enacted and declared, That the People of this Land are not by the Laws to be burthened with the sojourning of Soldiers against their Wills ; and by a Clause in an Act of Parliament made in the One and thirtieth Year of the Reign of King Charles the Second, for granting a Supply to His Majesty of Two hundred and six thousand four hundred sixty two Pounds, seventeen Shillings, and three Pence, for paying and disbanding the Forces, it is declared and enacted, That no Officer, civil or military, nor other Person whatsoever, should from thenceforth presume to place, quarter, or billet any Soldier or Soldiers upon any Subject or Inhabitant of this Realm , of any Degree, Quality, or Profession whatsoever, without his Consent ; and that it shall and may be lawful for any Subject, Sojourner, or Inhabitant, to refuse to quarter any Soldier or Soldiers, notwithstanding any Demand, or Warrant, or Billeting whatsoever : But forasmuch as at this Time, and during the Continuance of this Act, there is and may be Occasion for the marching and quartering of Regiments, Troops, and Companies in several Parts of this Kingdom ; be it further enacted by the Authority aforesaid, That for and during the Continuance of this Act, and no longer, it shall and may be lawful to and for the Constables, Tythingmen, Headboroughs, and other Chief Officers and Magistrates of Cities, Towns, and Villages, and other Places within England, Wales, and the Town of Berwick upon Tweed, and, in their Default or Absence, for any One Justice of the Peace, inhabiting in or near any such City, Town, Village, or Place, and for no others, and such Constables and other civil Magistrates, as aforesaid, are hereby required to quarter and billet the Officers and Soldiers in His Majesty’s Service, in Inns, Livery-stables, Ale-houses, Victualing-houses, and all Houses of Persons selling Brandy, Strong Waters, Cyder, or Metheglin, by Retail, to be drunk in Houses, other than and except the House or Houses of any Distillers, who keep Houses or Places of distilling Brandy, or Strong Waters, and the House of any Shopkeeper, whose principal Dealings shall be more in other Goods and Merchandizes, than in Brandy and Strong Waters (so as such Distillers and Shopkeepers do not permit or suffer Tippling in his or their Houses) and no other, and in no private Houses whatsoever ; nor shall any more Billets at any Time be ordered, than there are effective Soldiers present to be quartered : And if any Constable, Tythingman, or such like Officer or Magistrate as aforesaid, shall presume to quarter or billet any such Officer or Soldier in any private House, without the Consent of the Owner or Occupier ; in such Case such Owner or Occupier shall have his or their Remedy at Law against such Magistrate or Officer, for the Damage that such Owner or Occupier shall sustain thereby ; and if any military Officer shall take upon him to quarter Soldiers otherwise than is limited and allowed by this Act, or shall use or offer any Menace or Compulsion to or upon any Mayors, Constables, or other Civil Officers before mentioned, tending to deter or discourage any of them from performing any Part of their Duty hereby required or appointed, such military Officer shall, for every such Offence (being thereof convicted before any Two or more of the next Justices of the Peace of the County , by the Oath of Two credible Witnesses) be deemed and taken to be ipso facto cashiered, and shall be utterly disabled to have or hold any military Employment within this Kingdom, or in His Majesty’s Service ; provided the said Conviction be affirmed at the next Quarter-sessions of the Peace for the said County, and a Certificate thereof be transmitted to the Judge-advocate, who is hereby obliged to certify the same to the next Court-Martial : And in case any Person or Persons shall find himself, herself or themselves aggrieved, in that such Constable, Tythingman, or Headborough, Chief Officer, or Magistrate (such Chief Officer or Magistrate not being a Justice of the Peace) has quartered or billeted in his House a greater Number of Soldiers, than he ought to bear in Proportion to his Neighbours, and shall complain thereof to One or more Justice or Justices of the Peace of the Division, City, or Liberty where such Soldiers are quartered ; or in case such Chief Officer or Magistrate shall be a Justice of the Peace, then on Complaint made to Two or more Justices of the Peace of such Division, City, or Liberty, such Justice or Justices respectively shall have, and have hereby Power to relieve such Person or Persons, by ordering such and so many of the Soldiers to be removed and quartered upon such other Person or Persons as they shall see cause ; and such other Person or Persons shall be obliged to receive such Soldiers accordingly.

Constables & c. to quarter Soldiers in Inns, Alehouses,
& c.













But in no Distillers House, or Shopkeepers, or in any private House.







Penalty on Constables, & c. quartering Soldiers in private Houses,
& c.




Penalty on Officers quartering Soldiers otherwise than by this Act.

















Persons aggrieved may complain to the Justices, and be relieved. 

Provided also, and be it further enacted, That no Justice or Justices of the Peace, having or executing any military Office or Commission in that Part of Great Britain called England, shall or may, during the Continuance of this Act, directly, or indirectly, be concerned in the quartering, billeting, or appointing any Quarters for any Soldier or Soldiers in the Regiment, Troop, or Company, under the immediate Command or Commands of such Justice or Justices, according to the Disposition made for quartering of any Soldier or Soldiers by Virtue of this Act ; but that all Warrants, Acts, Matters, or Things, executed or appointed by such Justice or Justices of the Peace, for or concerning the same, shall be void ; any thing in this Act contained to the contrary notwithstanding.

No Justice, having any military Office, to be concerned in billeting his Soldiers.

Provided nevertheless, and it is hereby enacted, That the Officers and Soldiers so quartered and billeted as aforesaid, shall be received, and furnished with Diet and Small Beer by the Owners of the Inns, Livery-stables, Ale-houses, Victualling-houses, and other Houses, in which they are allowed to be quartered and billeted by this Act ; paying and allowing for the same the several Rates herein after mentioned to be payable out of the Subsistence-money for Diet and Small Beer.

Officers and Soldiers to pay Rates for their Provisions.

Provided always, That in case any Innholder or other Person on whom any Non-commission Officers or Soldiers shall be quartered by Virtue of this Act (except on a March) shall be desirous to furnish such Non-commission Officers or Soldiers with Candles, Vinegar, and Salt, and with either Small Beer or Cyder, not exceeding Five Pints for each Man per Diem, gratis, and to allow to such Non-commission Officers or Soldiers the Use of Fire, and the necessary Utensils for dressing and eating their Meat, and shall give Notice of such his Desire to the Commanding Officer, and shall furnish and allow the same accordingly ; then and in such Case the Non-commission Officers and Soldiers so quartered shall provide their own Victuals, and the Officer to whom it belongs to receive, or that does actually receive the Pay and Subsistence of such Non-commission Officers and Soldiers, shall pay the several Sums herein after mentioned to be payable out of the Subsistence-money for Diet and Small Beer to the Non-commission Officers and Soldiers aforesaid, and not to the Innholder or other Person on whom such Non-commission Officers or Soldiers are quartered ; any thing herein contained to the contrary notwithstanding.

What Inn-holders may allow Soldiers quartered on them, instead of Meat,


















but at their own Expense.

Provided always, and be it enacted by the Authority aforesaid, That if any Officer shall take or cause to be taken, or knowingly suffer to be taken, any Money of any Person for excusing the Quartering of Officers or Soldiers, or any of them, in any House allowed by this Act ; every such Officer shall be cashiered, and be incapable of serving in any military Employment whatsoever.

Penalty on Officers taking Money, & c.

And whereas great Inconveniences have arisen, and may arise, in such Places where Horse or Dragoons are or may be quartered, by the billeting of the Men and their Horses at different Houses, and often at great Distances from one another, contrary to the true Intent and Meaning of this Act ; be it therefore enacted by the Authority aforesaid, That in all Places where Horse or Dragoons shall be quartered or billeted, in pursuance of this Act, for the future the Men and their Horses shall be billeted in one and the same House (except in Case of Necessity) and in no Case whatsoever there to be less than One Man billeted where there shall be One or Two Horses, not less than Two Men where there shall be Four Horses, and so in Proportion for a greater Number, and in such Case each Man shall be billeted as near his Horse as is possible.

Dragoons, & c. and their Horses, to be billeted in the same House.

And be it enacted by the Authority aforesaid, That it shall and may be lawful to quarter Officers and Soldiers in Scotland, in such and the like Places, and Houses, as they might have been quartered in ; and that the Possessors of such Houses shall only be liable to furnish the said Officers and Soldiers quartered there, as by the Laws in Scotland, in force at the Time of the Union, was provided ; and that no Officer shall be obliged to pay for his Lodging, where he shall be regularly billeted, except in the Suburbs of Edinburgh.

Officers, & c. to be quartered in Scotland, as by the Laws in Scotland in Force at the Union.

And be it further enacted by the Authority aforesaid, That from and after the Twenty fourth Day of March, One thousand seven hundred and forty one, no Paymaster-general, or Paymaster of the Army, Paymaster of the Marines, Secretary at War, Commissary, or Muster-master, or any other Officer whatsoever, or their Under-officers, shall receive any Fees, or make any Deductions whatsoever out of the Pay of any Officer or Soldier in His Majesty’s Army, or from their Agents, which shall grow due from and after the said Twenty fourth Day of March, One thousand seven hundred and forty one, other than the usual Deductions for Cloathing, and the Twelve Pence in the Pound, to be disposed of as His Majesty shall think fit, and the One Days Pay in the Year for the Use of the Royal Hospital at Chelsea, and such other necessary Deductions, as shall, from time to time, be directed by His Majesty, under His Royal Sign Manual.

No Paymaster, & c. to make Deductions out of Officers or Soldiers Pay.









Exceptions.

And for the Encouragement of the due and well cloathing of the Troops, be it hereby further enacted, That the Lord High Treasurer, or the Commissioners of the Treasury for the time being, may, if he or they see convenient, at the End of every Two Months, issue the Money due for the Cloathing to the several Regiments, Troops, and Companies, notwithstanding the Muster-rolls have not been duly returned : And the respective Paymasters are hereby directed to make Deductions of all the Off-reckonings, and to pay the same to such Person or Persons only as have a regular Assignment for Cloaths by him or them delivered to the said Regiment, Troop, or Company, and the Receipt of such Person or Persons, having, or being lawfully intitled to such Assignment, to be from time to time taken for the same ; and when no such Assignment appears, the Off-reckonings to remain in the Hands of the said Paymaster respectively, for the Use of the Regiment, Troop, or Company, until a new Contract for Cloathing and Assignment is made.

Treasury may issue the Money due for Cloathing every 2 Months.





Paymasters to deduct the Off-reckonings.

And that the Quarters both of Officers and Soldiers in Great Britain may be hereafter duly paid and satisfied, and His Majesty’s Duties of Excise better answered, be it enacted by the Authority aforesaid, That from and after  the said Twenty fourth Day of March, One thousand seven hundred and forty one, every Officer to whom it belongs to receive, or that does actually receive the Pay or Subsistence-money, either for a whole Regiment, or particular Troops and Companies, or otherwise, shall immediately, upon each Receipt of every particular Sum, which shall from time to time be paid, returned, or come to his or their Hands, on Account of Pay or Subsistence, give public Notice thereof to all Persons keeping Inns, or other Places, where Officers or Soldiers are quartered by virtue of this Act ; and shall also appoint the said Innkeepers, and others, to repair to their Quarters at such Times as they shall appoint, for the Distribution and Payment of the said Pay or Subsistence-money to the Officers or Soldiers, which shall be within Four Days at the farthest after the Receipt of the same, as aforesaid : and the said Innkeepers and others shall then and there acquaint such Officer or Officers with the Accounts or Debts (if any shall be) between them and the Officers and Soldiers so quartered in their respective Houses ; which Accounts the said Officer or Officers are hereby required to accept of, and immediately pay the same, before any Part of the said Pay or Subsistence be distributed, either to the Officers or Soldiers : Provided the said Accounts exceed not, for a Commission Officer of Horse, being under the Degree of a Captain, for such Officer’s Diet and Small Beer, per Diem, Two Shillings ; nor for One Commission Officer of Dragoons, being under the Degree of a Captain, for such Officer’s Diet and Small Beer, per Diem, One Shilling ; nor for One Commission Officer of Foot, under the Degree of a Captain, for such Officer’s Diet and Small Beer, per Diem, One Shilling ; and if such Officer shall have a Horse or Horses, for each such Horse or Horses, for their Hay and Straw, per Diem, Six Pence ; nor for One Light Horseman’s Diet and Small Beer, per Diem, Six Pence ; and Hay and Straw for his Horse, per Diem, Six Pence ; nor for One Dragoon’s Diet and Small Beer, per Diem, Six Pence ; and Hay and Straw for His Horse, per Diem, Six Pence ; nor for One Foot-soldier’s Diet and Small Beer, per Diem, Four Pence : And if any Officer or Officers, as aforesaid, shall not give Notice, as aforesaid, and shall not immediately, upon producing such Account stated, satisfy, content, and pay the same, upon Complaint and Oath made thereof by any Two Witnesses, at the next Quarter-sessions for the County or City, where such Quarters were (which Oath the Justices of the Peace at such Sessions are hereby Authorized and required to administer) the Paymaster or Paymasters of His Majesty's Guards and Garisons, and Marines, are hereby required and authorized (upon Certificate of the said Justices, before whom such Oath was made, of the Sum due upon such Accounts, and the Persons to whom the same is owing) to pay and satisfy the said Sums out of the Arrears due to the said Officer or Officers, upon Penalty that such Paymaster or Paymasters shall forfeit their respective Place or Places of Paymaster or Paymasters, and be discharged from holding the same for the future. And in case there shall be no Arrears due to the said Officer or Officers, then the said Paymaster or Paymasters are hereby authorized and required to deduct the Sums he or they shall pay, pursuant to the Certificate of the said Justices, out of the next Pay or Subsistence-money of the Regiment, to which such Officer or Officers shall belong ; and such Officer or Officers shall, for such their Offence, or for neglecting to give Notice of the Receipt of such Pay or Subsistence-money, as aforesaid, be deemed and taken, and are hereby declared ipso facto cashiered. And where it shall happen, that the Subsistence-money, due to any Officer or Soldier, shall, by Occasion of any Accident, not be paid to such Officer or Soldier, or such Officer or Soldier shall neglect to pay the same, so that Quarters cannot be, or are not paid, as this Act directs ; and where any Horse, Foot, or Dragoons, shall be upon their March, so that no Subsistence can at present be remitted to them, to make Payment as this Act directs, or they shall neglect to pay the same ; in every such Case it is hereby further enacted, That every such Officer shall, before his or their Departure out if his or their Quarters, where such Regiment, Troop, or Company shall remain for any Time whatsoever, make up the Accounts, as this Act directs, with every Person, with whom such Regiment, Troop, or Company shall have quartered, and sign a Certificate thereof, and give the said Certificate, so by him signed, to the Party to whom such Money is due, with the Name of such Regiment, Troop, or Company, to which he or they shall belong ; to the End the said Certificate may be forthwith transmitted to the Paymaster of His Majesty's Guards and Garisons, or the Paymaster of the Marines, who are required heeby immediately to make Payment thereof to the Person or Persons to whom such Money shall be due, to the End the same may be applied to such Regiment, Troop, or Company respectively, under Pain, as is before in this Act directed for Nonpayment of Quarters.

Officers to give Notice to Inn-keepers of Subsistence-
money in their Hands.
























Rates of Subsistence to be paid to Inn-keepers, & c. for Soldiers Quarters.












Penalty on Officers not paying Subsistence-money.





























On Non-payment of Quarters, the Officer to make up Accounts, & c.

And be it further enacted, That no Commissary shall muster any Regiment, Troop, or Company within the City of Westminster, and Borough of Southwark, and Liberties thereof, but in the Presence of Two or more Justices of the Peace, not being Officers of the Army, under the before mentioned Penalty ; unless such Justices, upon Forty eight Hours Notice givent to Six of His Majesty's Justices of the Peace, residing within the City and Liberties aforesaid respectively, shall neglect to attend such Muster ; and in case of such Neglect, such Commissary may proceed to muster such Regiment, Troop, or Company : Provided that Oath be made before any of His Majesty's Justices of the Peace, within Forty eight Hours after such Muster taken, that such Notice was given to Six Justices of the Peace, as aforesaid : Which Justices, so attending, are hereby impowered to sign the said Muster-rolls, and to take Cognizance of such Muster, and to examine the Truth thereof, before they sign the same.

No Muster in Westminster,
& c. but in the Presence of Two Justices.

And be it further enacted and declared by the Authority aforesaid, That is shall and may be lawful to and for the High-constables, Petty-constables, Headboroughs, and Tythingmen within the said City and Liberties of Westminster, and Places adjacent, when thereunto lawfully required, to billet and quarter the Officers and Soldiers of His Majesty's said Regiments of Foot-guards, in such Houses only, as by this Act are limited, in and about the said City and Liberties of Westminster, and Places adjacent (except the City of London) during the Continuance of this Act.

Constables, & c. may billet Soldiers in Westminster,
& c.

And when any Order shall issue for the quartering or billeting any Officers or Soldiers within the said City and Liberties of Westminster, and Places adjacent, the High Constables shall deliver out Precepts to the several Petty Constables, Headboroughs, or Tythingmen of each Parish, Ward, Hamlet, and District within their respective Divisions, to billet and quarter such Officers and Soldiers of His Majesty's Regiment of Foot Guards on such Houses only as by this Act is limited within his respective Parish, Hamlet, or District, and such Petty Constables, Headboroughs, and Tythingmen shall, in pursuance thereof, billet and quarter every such Officer and Soldier in such Houses so subjected thereto by this Act, equally and proportionably, according to the Number of such Officers and Soldiers so to be billeted and quartered, and of the Houses so subjected to receive them.

Petty Constables, & c. to quarter Soldiers in their respective Divisions.

And for the better preventing Abuses in billeting and quartering such Officers and Soldiers in the said City and Liberties of Westminster, and Parts adjacent, be it enacted by the Authority aforesaid, That the Petty Constables, Headboroughs, and Tythingmen of their respective Parishes, Wards, Hamlets, and Districts within the same, shall at every General Quarter Sessions of the Peace to be holden for the said City and Liberties of Westminster, and Parts adjacent, make and deliver to the Justices, then in open Sessions assembled, upon Oath (which Oath they the said Justices are hereby authorized and required to administer) true Lists signed by them respectively of all such Houses, together with the Number of all such Persons respectively inhabiting the same, within his and their Parish, Ward, Hamlet, or District respectively, as are subject and liable by this Act to receive such Officers and Soldiers as are quartered and billeted in each House respectively, and such Lists shall remain with the Clerk of the Peace of the said City and Liberties of Westminster, to the Intent that all and every Person and Persons shall and may be at Liberty to inspect the same without Fee or Reward ; and such Clerk shall forthwith from time to time make and deliver to every or any Person or Persons who shall require the same, true Copies of all and every or any such Lists, upon being paid Two Pence a Sheet for each and every and every such Copy so taken, each Sheet to be computed at, and contain One hundred and fifty words, and if Default or Neglect shall be made by any Petty Constable, Headborough, or Tythingman of any such Parish, Ward, Hamlet, or District, in the delivering such List to the Justices at their Quarter Sessions as aforesaid, or if he or they shall deliver, or cause to be delivered in, any false or defective List or Lists, not including and specifying therein all and every such House and Houses so liable by this Act to receive such Officers and Soldiers, or the Names of all such Officers and Soldiers as are quartered and billeted in each House respectively, such Petty Constable, Headborough, and Tythingman, or any of them so offending therein, shall for every such Offence forfeit each the Sum of Five Pounds to the Use of the Poor of such respective Parishes, Wards, Hamlets, and Districts, to be levied by Distress and Sale of the Offender’s Goods and Chattels, by Warrant or Warrants under the Hand and Seal or Hands and Seals of One or more of His Majesty’s Justice or Justices of the Peace for the said City of Westminster, or for the County of Middlesex (which Warrant or Warrants the said Justice or Justices is and are hereby impowered and required to make and issue) and for want of sufficient Distress to be found for that Purpose, the said Justice or Justices are hereby impowered and required, by Warrant or Warrants under his or their Hands and Seals, to commit the Person or Persons so offending to the common Goal of the said City of Westminster, or County of Middlesex, there to remain for any time to be limited by such Justice or Justices, not exceeding Three Months, and not less than One Month, without Bail or Mainprize.

Constables, & c. to deliver Lists at Quarter-sessions, on Oath, of Inhabitants, and Soldiers quartered in their respective Divisions,












to be inspected without Fee.




Copies of such Lists to be wrote by the Clerk, at 2d. per Sheet, containing 150 Words.


Penalty on Default.




Penalty on giving defective Lists.










How to be levied.

And be it further enacted by the Authority aforesaid, That this Act shall be construed to extend to the Islands of Jersey and Guernsey, as to the Clauses therein for mustering and paying, and the Penalties thereunto belonging.

This Act to extend to Jersey and Guernsey

And be it further enacted by the Authority aforesaid, That the Commissary-general of the Musters, or his Deputies, shall, upon every Muster taken by him or them respectively, of any Regiment, Troop, or Company, in His Majesty’s Service, close the Muster-rolls of the said Regiment, Troop, or Company, upon the Place, the same Day the Muster is taken ; and shall return One of every of the said Rolls, so taken, in Parchment, to the Paymaster-general of His Majesty’s Guards and Garisons, or to such Paymaster respectively, under whose Care the Payment of such Forces shall be ; and one of the said Rolls so taken, to the Comptroller or Comptrollers of the Accounts of the Army, the Fourth Day after the said Rolls shall respectively be closed, if in London, or within Twenty Miles Distance from the same ; and if at further Distance, by the next Post after the said Rolls shall be respectively closed : And no Alterations or Indorsement shall be made in or upon the said Muster-rolls, other than in the Case of Orders of Leave, or Dates of Commissions, and other than involuntary Errors or literal mistakes in Writing or transcribing the said Muster-rolls, upon Pain of forfeiting their respective Employments, and the Sum of Twenty Pounds, to any Person that will sue for the same, for every such Offence.

Muster-rolls to be closed on Day of Muster,




and returned to the Paymaster of the Forces, & c.
















Penalty.

And be it further enacted by the Authority aforesaid, That for the better and more regular Provision of Carriages for His Majesty’s Forces in their Marches, or for their Arms, Cloaths, and Accoutrements in England, Wales, and Town of Berwick upon Tweed, all Justices of the Peace, within their several Counties, Ridings, Divisions, Shires, Liberties, and Precincts, being duly required thereunto by an Order from His Majesty, or the General of His Forces, or the Master-general,or Lieutenant-general of His Majesty's Ordnance, shall as often as such Order is brought and shewn unto One or more of them (by the Quarter-master, Agent, or other Officer of the Regiment, Detachment, Troop, or Company so ordered to march) issue out his or their Warrants to the Constables, or Petty-constables of the Division, Riding, City, Liberty, Hundred, and Precinct, from, through, near, or to which such Regiment, Detachment, Troop, or Company shall be ordered to march ; requiring them to make such Provision for Carriages, with able Men to drive the same, as is mentioned in the said Warrant, allowing them sufficient Time to do the same, that the neighbouring Parts may not always bear the Burden : And the aforesaid Officer or Officers, who, by virtue of the aforesaid Warrant from the Justices of the Peace, are to demand the Carriage or Carriages therein mentioned, of the Constable to whom the Warrant is directed, is and are hereby required at the same Time, to pay down in Hand to the said Constable, for the Use of the Person who shall provide such Carriages and Men, the Sum of One Shilling for every Mile any Waggon with Five Horses shall travel ; and the Sum of One Shilling for every Mile any Wain with Six Dren, or Four Dren with Two Horses, shall travel ; and the Sum of Nine Pence for every Mile any Cart with Four Horses shall travel ; and so in Proportion for less Carriages : And such Constable, or Petty-constable, shall order and appoint such Person or Persons, having Carriages within their respective Liberties, as they shall think proper, to provide and furnish such Carriages and Men, according to the Warrant aforesaid, who are hereby required to provide and furnish the same accordingly : And if any military Officer or Officers, for the Use of whose Troop or Company the Carriage was provided, shall force and constrain any Waggon, Wain, Cart, or Carriage, to travel more than One Day's Journey, or shall not discharge the same in due Time for their Return home, or shall suffer or connive at his, or the Soldiers or Servants (except such as are sick) or any Woman to ride in the Waggon, Wain, Cart, or Carriage aforesaid, or shall force any Constable, or Petty-constable, by Threatnings, or menacing Words, to provide Saddle-horses for themselves or Servants, or shall force Horses from the Owners, by themselves, Servants, or Soldiers ; every such Officer, for every such Offence, shall forfeit the Sum of Five Pounds ; Proof thereof being made upon Oath before Two of His Majesty's Justices of the Peace of the same County or Riding, who are to certify the same to the Paymaster-general, or other respective Paymaster of His Majesty's Forces, who is hereby required to pay the aforesaid Sum of Five Pounds, according to the Order and Appointment under the Hands and Seals of the aforesaid Justices of the Peace of the same County or Riding, who are hereby impowered to deduct the same out of such Officer's Pay.

Justice may order Constables to provide Carriages.






























Rates for Carriages.













Penalty on Officers forcing Waggons to travel more than One Day's Journey, & c.

And be it enacted by the Authority aforesaid, That if any High-constable or Petty-constable shall wilfully neglect or refuse to execute such Warrants of the Justices of the Peace, as shall be directed unto them for providing Carriages, as aforesaid ; or if any Person or Persons, appointed by such Constable or Petty-constable to provide or furnish any Carriage and Man, shall refuse or neglect to provide the same ; or any other Person or Persons whatsoever shall wilfully do any Act or Thing, whereby the Execution of the said Warrants shall be hindered or frustrated ; every such Constable, or other Person or Persons so offending, shall, for evry such Offence, forfeit any Sum not exceeding Forty Shillings, not less than Twenty Shillings, to the Use of the Poor of the Parish where any such Offence shall be committed : And all and every such Offence and Offences shall and maybe enquired of, heard, and fully determined by Two of His Majesty's Justices of the Peace, dwelling in or near the Place where such Offence shall be committed, who have hereby Power to cause the said Penalty to be levied by Distress and Sale of the Offender's Goods and Chattels, rendering the Overplus, if any, to the Owner.

Penalty on Constables, & c. neglect.

And whereas the respective Sums of Money, by this Act appointed to be paid to the Constable by the Officers demanding such Carriages, are not in many Cases sufficient to answer the Charge and Expences of providing the same, insomuch that the said Constables are frequently at great Charges, over and above what is received by them of the said Officers, to the great Burthen of the Township of which he is Constable, or else the Persons performing such Carriages are grievously oppressed : for Remedy whereof, and that the said overplus Charge may be borne by each County or Riding, at the General Charge of such County or Riding, be it further enacted by the Authority aforesaid, That the Treasurer or Treasurers of each respective County or Riding shall, without fee or Reward, pay unto such Constable or Constables all and every such reasonable Sum or Sums of Money, so by him or them paid or laid out for such Carriages, over and above what was or ought to have been paid by the Officer requiring such Carriages, out of the publick Stock of such County or Riding, according to such Rates, Orders, Rules, and Directions, as tha said Justices of the Peace, in their Quarter-sessions assembled within their respective Jurisdictions, shall, from time to time, during the Continuance of this Act, make, direct, and appoint (which Orders shall be made without Fee or Reward) Regard being always had to the Season of the Year, and the Length and Condition of the Ways by and through which such Carriages are to travel.

Treasurers of the County to repay the Constables extraordinary Charges.

And in case the said publick Stock of the County or Riding be not sufficient (over and above the other Purposes for which it was raised) to satisfy the extraordinary Charge of Carriages before mentioned ; it is hereby further enacted, That the said Justices of the Peace in the General Quarter-sessions shall have Power, from time to time, to raise Monies upon their respective Counties or Ridings, in such Manner as they now raise Money for County Gaols and Bridges, to satisfy the said extraordinary Charge of Carriages.

The Money how to be raised.

Provided always, and be it further enacted, That no Waggon, Wain, Cart, or Carriage, impressed by Authority of this Act, shall be liable or obliged, by Virtue of this Act, to carry above Twenty hundred Weight ; any thing in this Act contained to the contrary notwithstanding.

No Waggons, & c. to carry above 20 hundred Weight.

And be it further enacted, That the Carriages for the Service of the Forces, from time to time, quartered or marching in Scotland, shall be provided in like Manner, and at the Rates, and the Furnisher of such Carriages shall be paid, as was directed by the Law in Force in Scotland at the Time of the Union.

Carriages in Scotland how to be provided

And whereas great Abuses are frequently committed by the Liberty taken by some Officers and Soldiers to quarter their Wives, Children, and Maid-servants, in their Quarters, contrary to the Purport and Meaning of this Act ; be it enacted by the Authority aforesaid, That if any Officer Military or Civil, by this Act authorized to quarter Soldiers in any Houses hereby appointed for that Purpose, shall, at any time during the Continuance of this Act, quarter any of the Wives, Children, or Maid-servants of Officer or Soldier in any such Houses, against the Consent of the Owners ; the Party offending, if Officer or Soldier of the Army, shall, upon Complaint and Proof thereof made to the Commander in chief of the Army, or Judge-advocate, be ipso facto cashiered ; and if a Constable, Tythingman, or other Civil Officer, he shall forfeit to the Party aggrieved Twenty Shillings, upon Complaint and Proof thereof made to the next Justice of the Peace, to be levied by Warrant of such Justice, by Distress and Sale of his Goods, rendering the Overplus to the Party, after deducting reasonable Charges in taking the same.

Soldiers Wives, & c. not to be quartered without Consent.













Penalty.

And for the better Preservation of the same in or near such Place, where any Officers or Soldiers shall at any time be quartered ; be it enacted by the Authority aforesaid, That if from and after the said Twenty fourth Day of March, One thousand seven hundred and forty one, any Officer or Soldier shall, without Leave of the Lord of the Manor, under his hand and Seal first had and obtained, take, kill, and destroy any Hare, Coney, Pheasant, Partridge, Pigeon, or any other Sort of Fowls, Poultry, or Fish, or His Majesty’s Game, within the Kingdom of Great Britain, and upon Complaint thereof, shall be, upon Oath of One or more credible Witness or Witnesses, convicted before any Justice of the Peace, who is and are hereby impowered and authorized to hear and determine the same (that is to say) every Officer so offending shall, for every such Offence, forfeit the Sum of Five Pounds, to be distributed among the Poor of the Place where such Offence shall be committed ; and every Officer commanding in chief upon the Place, for every such Offence committed by any Soldier under his Command, shall forfeit the Sum of Twenty Shillings to be paid and distributed in Manner aforesaid : And if upon such Conviction made by the Justices of the Peace, and Demand thereof also made by the Constable or Overseers of the Poor, such Officer shall refuse or neglect, and not within Two Days pay the said respective Penalties ; such Officer so refusing or neglecting, shall forfeit, and is hereby declared to have forfeited his Commission, and his Commission is hereby declared to be null and void.

Penalty on Officers or Soldiers destroying the Game.

And be it enacted, That there shall be an exact Account of all Monies due, according to the Muster-rolls, to every Regiment in His Majesty’s Service, made between the Paymaster-general, or other respective Paymasters of the Forces for the Time being, and the Colonel of every such Regiment, or the Agent by such Colonel respectively appointed and authorized to receive the Pay thereof, from time to time (that is to say) when Four Months become due, an Account shall be stated, as aforesaid, for the Two preceding Months ; and after the said Account shall be so made up and perfected, it shall be registered in a Book to be kept for that Purpose in the Pay-office, and there subscribed by such Paymaster-general, or other respective Paymaster, or his Deputy, and the Colonel or Agent of the Regiment, who, together with the said Paymaster, made up the same ; and a Duplicate thereof, by them respectively signed, shall be given to the said Colonel or Agent, without any Fee or Reward to be paid for the same : Which Colonel or Agent shall deliver to each Captain of the Regiment an Account of so much thereof, as respectively appertaineth to him, and his Troop or Company, and the inferior Officers or Soldiers thereof ; and the Balance, which shall remain upon making up every such Account as aforesaid, and also all other Money, as then shall become due to every such Regiment, shall be, by the said Paymaster- general, or other respective Paymaster, paid to the said Colonel or Agent respectively, at such time as His Majesty shall direct : And the Paymaster-general, or other respective Paymaster for the Time being, offending herein, shall forfeit, for every such Offence, One hundred Pounds to any Person or Persons who shall inform or sue for the same in any of His Majesty’s Courts of Record, And if any Deputy of the said Paymaster, or any Agent of a Regiment, shall offend in the Premisses, upon Proof thereof made, such Deputy or Agent shall ipso facto lose his Place, and be incapable of that or any other Office for the future, and shall be liable to pat Two hundred Pounds to any other Person who shall inform or sue for the same, by Action, Bill, Suit, or information, in any Court of Record at Westminster, wherein no Essoign, Protection, Wager of Law, or more than one Imparlance shall be allowed : And if any Colonel of a Regiment shall offend therein, such Colonel shall forfeit, for every such offence, One hundred pounds to any Person or Persons who shall sue for the same, to be recovered as aforesaid.

How the Account of every Regiment shall be kept.












Penalty on Paymaster, & c.
































Penalty on Colonels.

And whereas several Soldiers, being duly listed, do afterwards defect, and are often found wandering, or otherwise absenting themselves illegally from His Majesty’s Service ; it is hereby further enacted, That it shall and may be lawful to and for the Constable, Headborough, or Tythingmen of the Town or Place, where any Person, who may be reasonably suspected to be such a Deserter, shall be found, to apprehend, or cause him to be apprehended, and to cause such Person to be brought before any Justice of the Peace, living in or near such Town or Place, who hath hereby Power to examine such suspected Person ; and if by his Confession, or the Testimony of One or more Witness or Witnesses, upon Oath, or by the Knowledge of such Justice of the Peace, it shall appear or be found that such suspected Person is a listed Soldier, and ought to be with the Troop or Company to which he belongs ; such Justice of the Peace forthwith shall cause him to be conveyed to the Gaol of the County or Place where he shall be found, or to the Savoy, in case such Deserter shall be apprehended within the Cities of London or Westminster, or Places adjacent, and transmit an account thereof to the Secretary at War for the time being, to the End such Person may be proceeded against according to Law.

Justices may commit Deserters.

And for the better Encouragement of any Person or Persons to secure or apprehend such Deserters, as aforesaid ; be it further enacted by the Authority aforesaid, That such justice of the Peace shall also issue his Warrant in Writing to the Collector or Collectors of the Land-tar Money, of the Parish or Township where such Deserter shall be apprehended, for paying out of the Land-tar Money, arisen or to arise in the year One thousand seven hundred and forty two, into the Hands of such Person who shall apprehend or cause to be apprehended any Deserter from His Majesty’s Service, the Sum of Twenty Shillings for every Deserter that shall be so apprehended and committed ; which Sum of Twenty Shillings shall be satisfied by such Collector, to whom such Warrant shall be directed, and allowed upon his Account.

Reward for taking up Deserters.

Provided always, That if any Person shall harbour, conceal, or assist any Deserter from His majesty’s Service, knowing him to be such ; the Person so offending shall forfeit, for every such offence, the Sum of Five Pounds ; or if any Person shall knowingly detain, buy, or exchange or otherwise receive any Arms, Cloaths, Caps, or other furniture belonging to the King, from any Soldier or Deserter, upon any Account or Pretence whatsoever, or cause the Colour of such Cloaths to be changed ; the Person so offending shall forfeit, for every such Offence, the Sum of Five Pounds, and upon Conviction by the Oath of One or more credible Witness or Witnesses, before any of His Majesty’s Justices of the Peace, the said respective Penalties of Five Pounds, and Five Pounds, shall be levied by Warrant under the Hands of the Said Justice or Justices of the Peace, by Distress and Sale of the Goods and Chattels of the Offender ; One Moiety of the said first mentioned Penalty of Five Pounds to be paid to the Informer, by whose Means such Deserter shall be apprehended, and One Moiety of the said last mentioned Penalty of Five Pounds to be paid to the Informer ; and the Residue of the said respective Penalties to be paid to the Officer to whom any such Deserter or Soldier did belong. And in case any such Offender who shall be convicted as aforesaid, of harbouring or assisting any such Deserter or Deserters, or having knowingly received any Arms, Cloaths, Caps, or other Furniture belonging to the King, or of having caused the Colour of such Cloaths to be changed, contrary to the Intent of this Act, shall not have sufficient Goods and Chattels whereon Distress may be made, to the Value of the Penalties recovered against him for such Offence, or shall not pay such Penalties within Four Days after such Conviction ; then, and in such Case, such Justice of the Peace shall and may, by Warrant under his Hand and Seal, either commit such Offender to the common Gaol, there to remain without Bail or Mainprize for the Space of Three Months, or cause such Offender to be publickly whipt, at the Discretion of such Justice.

Penalty on Persons concealing Deserters, or buying their Arms, Cloaths, & c.

Provided always, That no Commission Officer shall break open any House, to search for Deserters, without Warrant from a Justice of Peace ; and that every Commission Officer, who shall, without Warrant from One or more of His Majesty’s Justices of the Peace (which said Warrants the said Justice or Justices are hereby impowered to grant) forcibly enter into, or break open the Dwelling-house or Out-houses of any Person whatsoever, under Pretence of searching for Deserters, shall, upon due, Proof thereof, forfeit the Sum of Twenty Pounds.

Penalty on Officer breaking open House without Warrant.

Provided always, That it shall and may be lawful to and for His Majesty to form, make, and establish Articles of War for the better Government of His Majesty’s Forces, and for bringing Offenders against the same to Justice ; and to erect and constitute Courts-martial, with Power to try, hear, and determine any Crime or Offences by such Articles of War, and inflict Penalties by Sentence or Judgement of the same, as well within the Kingdoms of Great Britain and Ireland, as in the Island of Minorca, His Majesty’s Garison of Gibraltar, and in any of His Majesty’s Dominions beyond the seas.

His Majesty may make Articles of War.

Provided always, and be it further enacted, That if any Officer or Soldier shall desert His Majesty’s Service in any of His Dominions beyond the Seas, or elsewhere beyond the Seas, and shall escape and come into this Realm, or Ireland, before he be tried by a Court-martial for such Offence, and shall be apprehended for the same ; such Officer or Soldier shall be tried for the same, as if the said Offence had been committed within this Realm.

Deserters beyond Sea may be tried here, or in Ireland.

Provided always, That so much of this Act as relates to the Punishment of Mutineers and Deserters within this Realm, and such who shall conceal Deserters, or shall knowingly buy, exchange, or otherwise receive any Arms, Cloaths, Caps, or other furniture, belonging to the King, from any Soldier or Deserter, or cause the Colour of such Cloaths to be changed, shall extend, to all Intents and Purposes whatsoever, to such Governors, or other Officers in Garisons and Forces, as His Majesty has now in Pay, or shall have in Pay in Ireland, and shall be put in Execution in that Kingdom, by all Justices of the Peace, and other Officers respectively, according to the Tenor of, and during the Continuance of this Act.

This Act to extend to Mutineers, & c. in Ireland.

Provided also, That no Person or Persons being acquitted or convicted of any capital Crimes, Violences, or Offences, by the Civil Magistrate, shall be liable to be punished by a Court-martial for the same, otherwise than by cashiering.

Persons acquitted by the civil Magistrate, may only be cashiered by a Court-martial.

Provided also, That if any Officer, Non-commission Officer, or Soldier, shall be accused of any Capital Crime, or of any Violence or Offence against the Person, Estate, or Property of any of the Subjects of this Kingdom, which is punishable by the known Laws of the Land ; the commanding Officer or Officers of every Regiment, Troop, Company, or Party, is and are hereby required, upon Application made to the then Commanding Officer, on Behalf of the Party injured, to use his utmost endeavour to deliver over such accused Person to the Civil Magistrate ; and shall also be aiding and assisting to the Officers of Justice in the seizing and apprehending such Offender, in order to bring him to Trial : And if any such commanding Officer shall willfully neglect or refuse, upon such Application as aforesaid, to deliver over any such accused Person to the Civil Magistrate, or to be aiding and assisting to the Officers of Justice in the apprehending such Offender ; every such Officer so offending, and being thereof convicted before any Two or more Justices of the Peace for the County where the Fact is committed, by the Oath of Two credible Witnesses, shall be deemed and taken to be ipso facto cashiered, and shall be utterly disabled to have or hold any Civil or Military Office or Employment within this Kingdom, or in His Majesty’s Service ; provided the said Conviction be affirmed at the next Quarter-sessions of the Peace of the said County, and a certificate thereof be transmitted to the Judge-advocate, who is hereby obliged to certify the same to the next Court Martial.

Persons acquitted of capital Crimes,
& c. to be delivered over to the Civil Magistrate. & c.

Provided always, and be it enacted by the Authority aforesaid, That every present and future Paymaster, Agent, or Clerk of any Garison, Regiment, Troop, or Company, who is or shall be liable to account with any of the Executors and Administrators of every Officer or Soldier, for any of the Pay for such Officer or Soldier by him or them received ; shall, on reasonable Demand made by such Executor or Administrator, deliver a just and true Account to any such Executor or Administrator, of such Sum or Sums of Money, as he or they shall have so respectively received for such Officer or Soldier, and for which they ought so to account as aforesaid, such Executor or Administrator paying for the same, and shall account with such Executor or Administrator for the same ; and that every such Paymaster, Agent, or Clerk of any Garison, Regiment, Troop, or Company, offending herein, shall forfeit the like Penalties, and to be recovered in like Manner as appointed by this Act, for such Colonels or Agents not giving due Accounts of or for the Pay of the said Officers and Soldiers, to and for such Officers and Soldiers themselves.

Paymaster, & c. to account with Executors.

And be it further enacted by the Authority aforesaid, That if any Action, Bill, Plaint, or Suit shall be brought against any Person or Persons, for any Act, Matter, or Thing, to be acted or done pursuant to this Act, that it shall and may be lawful to and for all and any Person or Persons sued as aforesaid, to plead thereunto the General Issue, that he or they are not guilty, and to give such special Matter in Evidence to the Jury which shall try the Issue ; which special Matter being pleaded, had been a good and sufficient Matter in Law to have discharged the said Defendant or Defendants of the Trespass or other Matter laid to his or their Charge : And if the Verdict shall pass with the said Defendant or Defendants in any such Action, the Plaintiff or Plaintiffs therein become nonsuit, or suffer any Discontinuance thereof ; that in every such Case the Justice or Justices, or such other Judge, before whom the said Matter shall be tried, shall by Force and Virtue of this Act, allow unto the Defendant or Defendants his or their double Costs, which he or they shall have sustained by reason of their wrongful Veration in Defence of the said Action or Suit ; for which the said Defendant or Defendants shall have like Remedy as in other Cases, where Costs by the Laws of this Realm are given to Defendants.

Persons sued may plead the General Issue.

And be it further enacted by the Authority aforesaid, That this Act, and every thing herein contained, shall be and continue in Force within this Realm of Great Britain and Ireland, from the said Twenty fourth Day of March, in the Year of our Lord One thousand seven hundred and forty one, until the Twenty fifth Day of March, in the Year of our Lord One thousand seven hundred and forty three ; and shall be and continue in Force within the Island of Minorca, and Gibraltar, and in His Majesty’s other Dominions beyond the Seas, from the said Twenty fourth Day of March, in the Year of Our Lord One thousand seven hundred and forty one, until the Twenty fifth Day of March, in the Year of our Lord One thousand seven hundred and forty four.

Continuance of this Act.

And whereas by an Act of the First Year of his late majesty’s Reign, intituled, An Act for the more effectual and exemplary Punishment of such Persons as shall seduce Soldiers to desert ; or being Papists, shall inlist themselves in His Majesty’s Service in Great Britain or Ireland, or in the Islands of Guernsey or Jersey, it is enacted, That any Person or Persons whatsoever who should directly or indirectly persuade or procure, or endeavour to persuade or procure any Soldier or Soldiers in the Service of His Majesty, or of His Heirs or Successors, to desert ; such Person or Persons so offending, and being thereof lawfully convicted, shall forfeit the Sum of Forty Pounds : Now be it enacted, That for such Offences as shall be committed against the said recited Act, within that Part of Great Britain called England, the Penalties thereby enacted shall be sued for, and recoverable in any of His Majesty’s Courts of Record at Westminster ; and for such Offences against the said Act as shall be committed in that Part of Great Britain called Scotland, the same shall be sued for and recoverable in His Majesty’s Courts of Exchequer in Scotland ; and for such Offences against the said Act as shall be committed in Ireland, the same shall and may be sued for, and recoverable in any of the Four Courts at Dublin ; any thing in the said recited Act to the contrary thereof in any wise notwithstanding.

Penalties against the Act i Geo. I. where to be sued for.

And to prevent as far as may be, any unjust or fraudulent Arrests that may be made upon Soldiers, whereby His Majesty and the Publick may be deprived of their Service ; it is hereby further enacted by the Authority aforesaid, That no Person whatsoever who is listed, or shall list and enter himself as a Volunteer in his Majesty’s Service, as a Soldier, either in the Kingdom of Great Britain or Ireland, during the Continuance of this Act, shall be liable to be taken out of His Majesty’s Service by any Process or Execution whatsoever, other than for some criminal Matter, unless for a real Debt, or other just Cause of Action, and unless, before the taking out of such Process or Execution (not being for a criminal Matter) the Plaintiff or Plaintiffs therein, or some other Person or Persons on his or their Behalf, shall make Affidavit before One or more Judge or Judges of the Court of Record, or other Court, out of which such Process or Execution shall issue, or before some Person authorized to take Affidavits in such Courts, that to his or to the Plaintiff or Plaintiffs from the Defendant or Defendants, in the Action, or Cause of Action, on which such Process shall issue, or the original Debt, for which such Execution shall be issued out, amounts to the Value of Ten Pounds at least, over and above all Costs of Suit in the same Action, or in any other Action on which the same shall be grounded ; a Memorandum of which Oath shall be marked on the Back of such Process of Writ for which Memorandum or Oath no Fee shall be taken : And if any Person shall be nevertheless arrested contrary to the Intent of this Act, it shall and may be lawful for One or more Judge or Judges of such Court, upon Complaint made thereof by the Party himself, or by any his superior Officer, to examine into the same by the Oath of the Parties, or otherwise, and, by Warrant under his or their Hands and Seals, to discharge such Soldier so arrested contrary to the Intent of this Act, without paying any Fee or Fees, upon due Proof made before him or them, that such Soldier, so arrested, was legally listed as a Soldier in His Majesty’s Service, and arrested contrary to the Intent of this Act, and also to award to the Party so complaining such Costs, as such Judge or Judges shall think reasonable : For the Recovery whereof he shall have the like Remedy that the Person, who takes out the said Execution, might have had for his Costs, or the Plaintiff in the said Action might have had for the Recovery of his Costs, in case Judgement had been given for him with Costs, against the Defendant in the said Action.

No Volunteer liable to Process, unless for some criminal Matter,




or unless for a real Debt of the Value of 10l.


Oath of the Debt to be made before a Judge,









and marked on the Back of the Process.

And to the End that honest Creditors, who aim only at the Recovery of their just Debts, due to them from Persons entered into and listed in His Majesty’s Service, may not be hindered from suing for the same, but on the contrary may be assisted and forwarded in their Suits, and instead of an Arrest, which may at once hurt the Service, and occasion a great Expence and Delay to themselves, may be enabled to proceed in a more speedy and cheap Method ; be it further enacted by the Authority aforesaid, That it shall and may be lawful to and for any Plaintiff or Plaintiffs, upon Notice first given in Writing of the Cause of Action to such Person or Persons so listed, or left at his or their last Place of Residence, before such listing, to file a common Appearance, in any Action to be brought for or upon Account of any Debt whatsoever, so as to intitle such Plaintiff to proceed therein to Judgement and Outlawry, and to have an Execution threreupon, other than against the Body or Bodies of him or them so listed, as aforesaid ; this Act, or any thing herein, or any former Law or Statute to the contrary notwithstanding.

Plaintiff may file a common Appearance, & c.

And be it further enacted by the Authority aforesaid, That if any High-constable, Constable, Beadle, or other Officer or Person whatsoever, who, by Virtue or Colour of this Act, shall quarter or billet, or be employed in quartering or billeting any Officers or Soldiers, shall neglect or refuse for the Space of two Hours to quarter or billet such Officers or Soldiers when thereunto required, in such Manner as is by this Act directed, provided sufficient Notice be given before the Arrival of such Troops, or shall receive, demand, contract, or agree for any Sum or Sums of Money, or any Reward whatsoever, for or on Account of excusing, or in order to excuse any Person or Persons whatsoever, from quartering or receiving into his or their House or Houses, any such Officer or Soldier ; or in case any Victualler, or any other Person liable by this Act to have any Officer or Soldier billeted or quartered on him or her, shall refuse to receive or victual any such Officer or Soldier so quartered or billeted upon him or her, as aforesaid, or shall refuse to furnish or allow, according to the Directions of this Act, the several Things herein before respectively directed to be furnished or allowed to Non-commission Officers and Soldiers, so quartered or billeted on him or her, as aforesaid, or shall neglect or refuse to furnish good and sufficient Hay and Straw for each Horse so quartered or billeted on him or her, as aforesaid, at the Rate herein before mentioned, and shall be thereof convicted before any One or more Justice or Justices of the Peace of the County, City, or Liberty, within which such Offence shall be committed, either by his own Confession, or by the Oath of One or more credible Witness or Witnesses (which Oath the said Justices are hereby impowered to administer)  every such High-constable, Constable, Beadle, or other Officer or Person so offending, shall forfeit for every such offence, the Sum of Five Pounds, or any Sum of Money not exceeding Five Pounds, not less than Forty Shillings, (as the Justice or Justices, before whom the Matter shall be heard, shall in his or their Discretion think fit) to be levied by Distress and Sale of the Goods of the Person offending, by Warrant under the Hand and Seal, or Hands and Seals of such Justice or Justices, before whom such Offenders shall be convicted, or of One or more of them, to be directed to any other Constable within the County, City, or Liberty, or to any of the Overseers of the Poor of the Parish where such Offender shall dwell ; the said Sum of Five Pounds, or the said Sum not exceeding Five Pounds, not less than Forty Shillings, when levied, to be paid to the Overseers of the Poor pf the Parish wherein the Offence shall be committed, or to some One of them, for the Use of the Poor of the said Parish.

Penalty on Constables taking Money to excuse any Person from quartering ;










or Victuallers refusing to quarter Soldiers.

And for the better preventing Abuses in quartering or billeting of Soldiers, in pursuance of this Act, be it further enacted by the Authority aforesaid, That it shall and may be lawful to and for any One or more Justice or Justices of the Peace, within their respective Counties, Cities, or Liberties, by Warrant or Order under his or their Hand and Seal, or Hands and Seals, at any time or times during the Continuance of this Act, to require and command any High-constable, Constable, Beadle, or other Officers, who shall quarter or billet any Soldiers in Pursuance of this Act, to give an Account in Writing unto the said Justice or Justices, requiring the same, of the Number of Officers and Soldiers, who shall be quartered or billeted by them, and also of the Names of the House-keepers or Persons, upon whom every such Officer or Soldier shall be quartered or billeted, together with an Account of the Street or Place where every such House-keepers dwell, and of the Signs (if any) belonging to their Houses ; to the end it may appear to the said Justice or Justices, where such Officers and Soldiers are quartered or billeted, and that he or they may thereby be the better enabled to prevent or punish all Abuses in the quartering or billeting of them.

Justices may order Constables to give an Account of the Number of Officers and Soldiers quartered, & c.

And be it further enacted, That where any Troops or Parties upon Command, have Occasion in their March to pass regular ferries in that Part of Great Britain called Scotland, it shall and may be lawful for the commanding Officer, either to pass over with his Party as Passengers, or to hire the Ferry Boat intire to himself and his Party, debarring others for that Time in his Option ; and in case he shall choose to take Passage for himself and Party, as Passengers, he shall only pay for himself, and for each Person, Officer or Soldier, under his Command, Half of the ordinary Rate payable by single Persons at any such Ferry ; And in case he shall hire the Ferry Boat for himself and Party, he shall pay Half of the ordinary Rate for such Boat or Boats ; and in such Places where there are no regular Ferries, but that all Passengers hire Boats at the Rates they can agree for, Officers, with or without Parties, are to agree for Boats at the Rate as other Persons do in the like Cases.

How the Troops are to pay in passing over Ferries in Scotland.

Provided nevertheless, and it is hereby declared by the Authority aforesaid, That from and after the Twenty fifth Day of March, One thousand seven hundred and forty two, when as often as any Person and Persons shall be inlisted as a Soldier or Soldiers in His Majesty’s Land Service, he and they shall, within Four Days after such Inlisting respectively, be carried before the next Justice of the Peace of any County, Riding, City, or Place, or Chief Magistrate of any City or Town-corporate (not being an Officer in the Army) and before such Justice or Chief Magistrate, he or they shall be at Liberty to declare his or their Dissent to such Inlisting, and upon such Declaration, and returning the Inlisting-money, and also each Person so dissenting, paying the Sum of Twenty Shillings for the Charges expended or laid out upon him, such Person or Persons so inlisted, shall be forthwith discharged and set at Liberty, in the Presence of such Justice or chief Magistrate ; but if such Person or Persons shall refuse or neglect within the Space of Twenty four Hours to return and pay such Money as aforesaid ; he or they shall be deemed and taken to be inlisted, as if he or they had given his or their Assent thereto, before the said Justice or chief Magistrate ; or if such Person or Persons shall declare his or their having voluntarily inlisted himself or themselves, then such Justice, or chief Magistrate shall, and be it hereby required forthwith to certify under his Hand, that such Person or Persons is or are duly inlisted, setting forth the Place of the Birth, Age, and Calling of him or them respectively (if known) and that the Seventh and Tenth Articles of War against Mutiny and Desertion were read to him or them, and that he or they had taken the Oath mentioned in the said Articles of War ; and if any such Person or Persons, so to be certified as duly inlisted, shall refuse to take the said Oath of Fidelity before the said Justice or chief Magistrate, it shall and may be lawful for such Officer from whom he has received such Money, as aforesaid, to detain or confine such Person or Persons, until he or they shall take the Oath before required ;  and every military Officer that shall act contrary hereto, or offend herein, shall incur the like Penalty and Forfeiture, as is by this Act to be inflicted upon any Officer for making a false and untrue Muster ; and the Penalty and forfeiture shall be levied and recovered in the same Manner as any Penalties or Forfeitures are by this Act to be levied and recovered.

Clause of Relief for Persons hastily listing themselves.

And be it further enacted by the Authority aforesaid, That if any Person or Persons shall receive the Inlisting Money from any Officer (knowing it to be such) and shall abscond or refuse to go before such Justice or chief Magistrate, in order to declare his Assent or Dissent, as aforesaid ; such Person or Persons shall be deemed and taken to be inlisted, to all Intents and Purposes whatsoever, and shall and may be proceeded against, as if he or they had taken the Oath directed by the said Articles of War, to be taken before such Justice or chief Magistrate

Persons refusing the said Relief, to be proceeded against, as if duly listed.

And in order to prevent all Doubts that might arise in relation to the punishing Crimes and Offences committed against former Acts of Parliament, for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters ; be it declared and enacted by the Authority aforesaid, That all Crimes and Offences which have been committed against an Act made in the Fourteenth Year of His present Majesty’s Reign, intituled, An Act or punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters ; or against any other Act of Parliament heretofore made, for the punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters, shall and may, during the Continuance of this present Act, be enquired of, heard, tried, determined, adjudged, and punished, before and by the like Courts, Persons, Powers, Authorities, Ways, Means, and Methods, as the like Crimes and Offences committed against this present Act, may be enquired of, heard, tried, determined, adjudged, and punished.

Offences against former Mutiny Acts, punishable by this Act.

And whereas it may be otherwise doubted, whether the Officers and Persons employed in the Trains of Artillery, be within the Intent and Meaning of this Act, for punishing Officers and Soldiers who shall mutiny, or desert His Majesty’s Service, and for punishing false Musters, and for Payment of Quarters ; it is hereby enacted by the Authority aforesaid, That the Officers, and Persons employed, or that shall be employed in the several Trains of Artillery, be at all Times subject to all the Penalties and Punishments mentioned in this Act, shall, in all Respects whatsoever, be holden to be within the Intent and Meaning of every Part of this Act, during the Continuance of the same.
 

Officers, & c. in the Trains of Artillery, subject to this Act.

FINIS.

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