
Recital of 4 & 5 (4) W. & M. c. 13; and that the same was continued by 5 & 6 W. & M. c. 15; that a Standing Army, without Consent of Parliament, is against Law; and that by Law no Man may be punished by Martial Law.; Reasons for passing this Act; 4 & 5 (4) W. & M. c. 13. continued from 10th April 1695 until 10th April 1696.Whereas an Act was made in the Fourth and Fifth yeares of the Reigne of King William and Queen Mary
intituled An Act for punishing Officers and Soldiers who shall mutiny or desert His Majesties service and for
punishing false musters and for payment of quarters to continue and bee in force until the First day of March
in the yeare of our Lord One thousand six hundred ninety three and noe longer Which Act by an Act made
in the last session of this present Parliament intituled An Act for continuing an Act for punishing Officers and
Soldiers who shall mutiny or desert their Majesties service and for punishing false musters and for the payment
of quarters for One yeare longer was declared and enacted to bee and continue in full force and virtue from the
said First day of March One thousand six hundred ninety three until the First day of March in the yeare of
our Lord One thousand six hundred ninety foure and noe longer. And whereas the raiseing or keeping a standing
army within this Kingdom in time of peace (unlesse it bee with consent of. Parliament) is against law. And
whereas it is judged necessary by his Majestie and this present Parliament that dureing this time of warr several
of the forces which are now on foot should bee continued and others raised for the safety of this Kingdom
for the common defence of the Protestant Religion and for the carrying on the warr against France. And
whereas noe man may bee forejudged of life or limb or subject to any kind of punishment, by Martial Law or
in any other manner then by the judgement of his peers and according to the knowne and established laws of
this Realme Yett neverthelesse it being requisite for the retaining such forces as are or shall bee raised dureing
this exigence of affaires in their duty that an exact discipline bee observed and that Soldiers who shall mutiny
or stirr upp sedition or shall desert his Majesties service bee brought to a more exemplary and speedy punishment
then the usual forms of law will allow. Bee it therefore enacted by the Kings most excellent Majestie 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 the said Act made in the Fourth and Fifth yeares of the reigne of King
William and Queen Mary intituled An Act for punishing Officers and Soldiers who shall mutiny or desert their
Majesties service and for punishing false musters and for payment of quarters and every clause matter and thing
therein contained shall bee and continue and is hereby declared and enacted to bee and continue in full force
and virtue to all intents constructions and purposes from the Tenth day of April One thousand six hundred ninety
five until the Tenth day of April One thousand six hundred ninety six and noe longer And that in all and
every the clauses in the said first recited Act wherein there is any commencement of time expressed to bee from
the Tenth day of March One thousand six hundred ninety two the same shall bee construed by virtue of this
Act to bee accounted from the Tenth day of April One thousand six hundred ninety five And in any clause
wherein the like time shall bee expressed to bee between the said Tenth day of March One thousand six hundred
ninety two and the First day of March One thousand six hundred ninety three the same shall bee by virtue
of this Act intended to bee between the Tenth day of April One thousand six hundred ninety five and the Tenth
day of April then next ensueing Any thing herein contained to the contrary notwithstanding.
II. 
And bee it further enacted by the authority aforesaid That all and every the clauses articles matters and things
contained in the said recited Act made in the last session of this present Parliament intituled An Act for continuing
the Act for. punishing Officers and Soldiers who shall mutiny or desert their Majesties service and for punishing
false musters and for the payment of quarters for One yeare longer shall bee and continue and are hereby declared
and enacted to bee and continue in full force and virtue to all intents constructions and purposes from the said
Tenth day of April One thousand six hundred ninety five until the said Tenth day of April which shall bee in the
yeare of our Lord One thousand six hundred ninety six and noe longer.
III. 
Provided always and bee it further enacted That noe Officer of the Regiment belonging to the President
of a General Court Marshal shall sitt and vote in any tryal to bee had by virtue of this Act or in giveing any
Judgement, thereupon.
IV. 
Compelled to come before Justice of Peace, and enter into Recognizance to appear in the Court of King's Bench to answer Action; Double Damages and Costs; Cashiered, and Incapacity; If Plaintiff nonsuit, &c; like Costs to Defendant.
Provided always and bee it enacted That if any Officer of his Majesties Army shall take or cause to bee
taken or knowingly suffer to bee taken any money of any Inn-holder or Victualler or the inhabitant of any
Publick-House allowed by the said first recited Act for excusing the quartering of Officers or Soldiers or the diet
small beer hay or straw for them or any of them thereby respectively allowed to bee taken upon credit in
quarters every such Officer upon complaint thereof made upon oath to any Justice of the Peace within Five days
after which oath such Justice of the Peace is hereby authorized and required to administer and by warrant under
his hand and seal to compel the Offender to come before him or any other of his Majesties Justices of the
Peace of the place where such Officer shall bee found to enter into a recognizance in any su[m]m not exceeding
Forty pounds to appeare in his Majesties Court of Kings-Bench att a time named to answer such action as shall
bee brought against him for the said offence by bill plaint or information And if upon the tryal of such action a
verdict shall passe for the Plaintiff or if for default of plea to the said action or by the Defendants confession
judgement shall be given for the Plaintiff in such case the Plaintiff shall recover double damages together with
double costs of suit And moreover the said Defendant after such conviction shall bee ipso facto cashiered and
made incapable of serving his Majestie in any Military imployment whatsoever And if the Plaintiffe in any such
action shall bee nonsuit or a verdict passe against him or her or shall discontinue his or her action respectively such
Plaintiffe shall pay to the Defendant the. like costs which the said Court is hereby authorized to tax and award.
V. 
And to prevent the great mischief of buying and selling Military Employments in His Majesties Armies Bee it
enacted by the Authority aforesaid That every Commission Officer which shall bee hereafter imployed in His
Majesties Military Service shall before hee bee mustred and his Commission registred in the Office of the Commissary
General of the Musters take the Oath following upon the Evangelists expressing therein the Name and Quality
of the Office and the Name of the Colonel and the Regiment whether of Horse Foot or Dragoons (that is
to say
I. A. B. doe hereby declare That I have neither directly nor indirectly by my selfe or any one for me with my
knowledge given or promised hereafter to give any su[m]m of money present gift or reward to any person or
persons whatsoever for obtaining my Commission to bee in the Regiment of
commanded by other then the usual Fee to the Secretary of State or the Secretary of the
Commander in Chief of the Armie counter-signeing such Commission Soe helpe mee God
Which Oath the said Commissary General or any of his Deputies are hereby required and impowered to administer
and in the entring of the said Commission to insert a Memorial of the administring of the said Oath. Provided
neverthelesse if the Officer bee of any Troop or Company not. regimented the Colonels Name shall bee omitted
in the said Oath.
VI. 
Limitation of such Action.
Provided always and bee it enacted That if any Justice of Peace in the City of London or Westminster or
the Liberties thereof or in the Borough of Southwark shall upon request to him or them respectively made by
any Commissary or Muster-Master or other Officer thereunto appointed neglect or refuse to bee present att any
Muster of Officers and Soldiers to bee made by virtue of this Act every such Justice Mayor or Magistrate offending
therein shall forfeit for such offence the su[m]m of Five pounds to any Person or Persons that shall sue for the
same to bee recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record
att Westminster or att the Assizes to bee held for the Counties or Places where the Offence shall bee committed
respectively wherein noe Essoigne Protection Aid Prayer or Wager of Law shall bee allowed nor any more then
one Imparlance. Provided neverthelesse That such Action shall bee commenced and prosecuted within Six Months
after the Offence committed and not otherwise.
VII. 
Provided always That noe Person that shall bee listed for the Land Service att any time after the Tenth day
of April in the Yeare of our Lord One thousand six hundred ninety and five shall bee esteemed a listed Soldier
or bee subject to the Pains and Penalties of this Act or any other Penalty for his Behaviour as a Soldier though
hee shall bee brought before a Petty Constable in the Hundred or Division where hee shall bee listed and before
the said Petty Constable doe declare his free Consent to bee listed or mustred as a Soldier Any thing in the
last before recited Act contained to the contrary notwithstanding.
VIII. 
Condition of Bond.
And bee it further enacted by the Authority aforesaid That the Pay Master of His Majesties Forces for the
time being shall not after the Tenth Day of May One thousand six hundred ninety five issue or pay or cause
to bee issued or paid any su[m]m or su[m]ms of money to any Agent Clerk or other Person or Persons whatsoever
by virtue of any Letter of Attorney or any other Authority from any Colonel or other Officer commanding any
Regiment Troop Company or Garrison in His Majesties pay until such Person or Persons shall give Bond or Bonds
to His Majestie in such su[m]m or su[m]ms and with Two or more such sufficient Sureties as shall bee approved by
the Lords Commissioners of the Tresury or Lord High Tresurer of England for the time being the condition of
which Bond shall bee for answering the su[m]ms soe by him or them to bee received and for the due issuing
the same according to the directions of this present Act or any Establishment Regulation or Warrant signed or
to bee signed by His Majestie.
IX. 
And bee it further enacted That a Memorial of the said Bond and Security shall bee entred in the Office of
the Pay-Master General of the Armie before any money shall bee issued to any such Person as aforesaid.
X. 
And bee it further enacted by the Authority aforesaid That noe Colonel or other Officer or Agent shall in
Accounts by him or them drawne upp or stated bee allowed any su[m]m or sums of money.upon pretence that the
same hath been by him or them advanced or lent to any Officer or Soldier, att any time after the Tenth day of
Aril One thousand six hundred ninety five.
XI. 
Provided always and' bee it enacted That the Pay-Master or Pay-Masters of His Majesties Army for the time
being to whom any Certificate of the Justices of. Peace shall bee made as in the said first recited Act is directed
of any su[m]m or sums of money due, and owing for Quarters to any Inhabitant Innholder Victualler or other House
hereby allowed to quarter Soldiers shall satisfie & pay the same out of the full Subsistence due and payable to
the persons concerned or otherwise as in and by the said Act it is appointed upon the penalty losse and forfeiture
therein provided.
XII. 
Provided always and bee it enacted That when any Regiments or Troops of Horse shall bee quartered in the
City of Westminster or the Liberties of London or Westminster or in the Borough of Southwark or any other
of the Parishes within the Weekly Bills of Mortality and have the Soldiers Pay augmented by reason of such their
quartering every Officer or Soldier in or of any such Regiment or Troop dureing their quartering in the said
Places or any of them shall pay Eight pence a Night for the Hay of each Horse Any thing herein contained to
the contrary notwithstanding.
XIII. 
Price thereof.
Provided always and bee it enacted That for the better Knowledge of the Contents of this Act and the good
Provision therein made to prevent disorders in the marches and quartering of Soldiers and otherwise every Mayor
Bailiff or Bailiffs or other Chief Officer of every City and Markett Towne in the Realme of England Dominion
of Wales and Towne of Berwick upon Tweed shall att or before the Feast of Saint John Baptist next provide
himselfe or themselves of this Act and the Act made in the Fourth and Fifth Yeares of the  of King William and
Queen Mary intituled An Act for punishing Officers and Soldiers who shall mutiny or desert their Majesties
Service and for punishing false Musters and the Payment of Quarters Which Act shall bee printed with Marginal
Notes to explain the Clauses therein and for which there shall bee paid a Peny for every printed Sheet and
noe more.
XIV. 
Provided always That in any Towne in the Places aforesaid where there shall bee noe Mayor Bailiffe or
other Magistrate above a Constable the Constable Tythingman or Headborough of the Parish shall provide the
same and bee reimbursed out of the Rates to bee charged in the Parish whereof hee  is Officer for passing
Rogues Vagabonds and Sturdy Beggars to the House of Correction by virtue of one Act made in the Thirteenth
and Foureteenth Yeares of King Charles the Second intituled An Act for the better Relief of the Poor which
Payment by virtue of this Act shall bee included in the said Rates.