Better Ordering the Forces Act 1663
1663 CHAPTER 4 15 Cha 2
An Additional Act for the better ordering the Forces in the severall Counties of this Kingdome.

(13 & 14) Car. II. c. 3.
Lieutenants and Deputy Lieutenants may train and exercise the Persons armed.For the better ordering of the Forces in the several Counties and places of England and the Dominion of
Wales and Towne of Berwicke upon Tweede and for the supplying and explaining the late Act entituled
An Act for ordering the Forces in the severall Counties of this Kingdome Bee it enacted by the Kings most Excellent
Majestie by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present
Parliament assembled and by the Authoritie of the same That the severall Leiutenants of the severall Counties Citties
and places nominated by His Majestie His Heires and Successors respectively, and in their absence out of the
limitts of their respective Leiutenancies or by their directions when they are not absent, their Deputie Leiutenants
dureing their respective Deputation or any two or more of them shall have power from time to time to lead traine
exercise and putt in readinesse, or by Warrant under their hands and seales to cause to be led trained exercised or
putt in readines all or any of the persons raised arrayed or weaponed according to the said Act to the intents and
purposes and by the directions of the said Act and of this present Act,
Persons charged to pay 2s. 6d. per Day to Trooper.
II. 
Penalty 5s.; IS. per Day to Foot Soldier.; Penalty 2s.; Penalties how to be levied.; Proviso for Agreement.; Limitation for Demand of Penalties.
And be it further enacted That all and every person or persons charged or to be charged by vertue of either of
the said Acts with Horse Horse man and Armes, or Foote Soldier and Armes shall under the penaltie of forfeiting
five Shillings pay and allow upon demand two shillings six pence by the day to each respective Trooper that serves
with  Horse and Armes for maintenance of the Man and Horse, and shall under the penalty of two shillings pay
and allow upon demand one shilling by the day to each respective Foote Soldier for soe many dayes as they or
any of them shall be absent from their dwellings or callings by occasion of Muster or Exercise according to the
Rules of the said Acts which said penaltie is to be leavyed as is hereafter expressed unlesse some certaine agreement
be made to the contrary before good witnesse, and the said penaltie is to be paid to such Trooper or Foote Soldier
to whom his said pay was denyed, The respective penalties to be demanded within six weekes after each respective
defaulte, or at or before the next succeeding Muster Exercise or training and not afterwards.
Persons charged refusing, &c. to provide Foot Soldiers and Arms.
III. 
Lieutenants or Deputies may inflict a Penalty, not exceeding £5.
And be it further enacted That if any person or persons assessed or charged according to the said Acts or
either of them shall, refuse or negclect by a reasonable time to be appointed to provide and furnish such sufficient
Foote Soldier and Armes or Foote Soldiers and Armes as are accordingly charged upon him or them; that then it
shall and may be lawfull to and for the respective Leiutenants and Deputy Leiutenants or any three or more of
them for every such offence from time to time to inflict a Penalty upon such person or persons not exceeding Five
pounds to be leavyed in manner following and to be imployed to the same uses in defaulte whereof the same
was imposed.
Lieutenants or Deputies may appoint and require Constables, on a Penalty, to furnish Foot Arms and Wages as may be charged, according to the Value of Estates and Property.
IV. 
Be it further enacted That it shall and may be lawfull for the respective Leiutenants and Deputy Leiutenants or
any three or more of them from time to time to appoint and require the Constable or Constables of any Parish or place
within this Kingdome Dominion of Wales and Towne of Berwicke upon Tweede to provide and furnish (at a
reasonable time and place to be appointed) upon a penaltie to be imposed not exceeding Forty shillings for every
such omission) soe many sufficient Foote Armes (with Wages and other incident charges) as the said Leiutenants &c
Deputie Leiutenants or any three or more of them shall assesse or charge according to the Rules and Proportions
of the said Acts upon Revenues under Fiftie pounds per annum or upon personall Estates lesse then Six hundred
pounds lyeing or being within any such respective Parish or place,
Persons charged refusing, &c. to provide a Foot Soldier or to pay Assessment.
V. 
Constable may levy by Distress.; Tenants to pay and deduct out of Rent.; In Default, Tenant liable to Distress.
And in order thereunto if any person or persons of or belonging to any such Parish or Place shall upon
demand refuse or negclect to provide a Foote Soldier or Foote Soldiers according to the proportion aforesaid or
to pay any summe of money whereat he or they shall be taxed or assessed by a Pound Rate according to a
List signed by the respective Leiutenants and Deputy Leiutenants or any three or more of them for and towards
the defraying and satisfying the necessary Charge and Expence disbursed in providing and furnishing such sufficient
Armes as aforesaid that then it shall and may be lawfull to and for such Constable or Constables by Warrant
for that purpose to levy such Summe soe rated or assessed by Distresse and Sale of the Goods of such person
or persons soe refuseing or negclecting to pay, and shall restore the overplus (if any) the charge of destraining
being first deducted, And the Tennant of any House Land or Revenue rated or assessed as aforesaid is hereby
authorized and required to make payment of such Summe of money soe rated or assessed and to deduct soe much
as shall be charged upon the Landlords Rent out of the next Rent payable to the Landlord, and in default hereof
the goods of every such Tenant is alsoe lyeable to be destrained and sold in manner aforesaid,
Every Soldier listed to pay Sum herein mentioned to Muster Master; to be levied by Distress.
VI. 
Muster Master to be an Inhabitant of the County.
And be it further enacted That once in every yeare hereafter each Soldier listed or raised by vertue of the
said Acts or either of them shall pay to his respective Muster Master such Summe (not exceeding one shilling
for a Horseman and six pence for a Foote man) as the respective Leiutenants and Deputy Leiutenants or any
three or more of them shall under their Hands and Seales direct who have power hereby to leavy the same by
Distresse and Sale in case of defaulte of payment upon the Goods and Chattels of such person or persons as are
charged with the findeing of the respective Horseman or Foote Soldier soe makeing default, unlesse the defaulte
be by the negclect of such Horseman or Foote Soldier who in that case are hereby to be accomptable for the
same, and every such Muster master shall be an Inhabitant of the respective County.
Musqueteers to bring to Muster certain Ammunition at the Charge of Persons assessed.
VII. 
The like Provision as to Horsemen.; Penalty.
And it is hereby further provided and enacted That at every Muster Training and Exercise every Musquetier
shall bring with him halfe a pound of Powder and halfe a pound of Bullets, and every Musquetier that serves
with a Match locke shall bring with him three yards of Match both which are to be found accordingly at the
charge of such person or persons as provide the said Foote Soldier and Armes, And every Horseman is to bring
with him a quarter of a pound of Powder and a quarter of a pound of Bullets at the charge of such person or
persons as provide the said Horseman and Armes who are hereby required to finde and beare the same upon paine
of forfeiting Five shillings for every omission thereof,
Lieutenants and Deputies to sum-mon and continue Trained Forces as long as convenient in lieu of the Days appointed by the said Act 14 (13 and 14) C. II. c. 3.
VIII. 
And for the better discipling and instructing of the said Militia in their Duties as alsoe for easeing them of often and
frequent Meetings at severall times, and for the better securitie of the Peace of the Kingdome Be it further enacted
That it shall and may be lawfull for the said severall Leiutenants and in their absence or by their Directions for
any two or more of their Deputies within their respective Counties and Precincts for which they are commissioned
at any time or times dureing the space of three yeares from the Twenty fowerth day of July in the yeare of our
Lord One thousand six hundred sixtie and three to summon and continue together soe many of the said Trained
Forces within their respective Counties and Precincts and soe long as they shall judge convenient in lieu of certaine
dayes appointed for Exercise and Musters by the said Act entituled An Act for ordering the Forces in the severall
Counties of this Kingdome.
May be so kept Fourteen Days.
IX  
Provided alwaies And be it enacted That any Troope Company or Soldiers may be soe kepte upon such Duty
by vertue hereof fowerteene dayes and noe longer in any one yeare.
Proviso exempting Commissioned Officers in Train Bands or Militia from finding or contributing towards Horsemen or Foot Soldiers, &c.
X. 
Provided alwayes And be it enacted That every Commissioned Foote Officer in the Traine Bands or Militia
of this Kingdome (setled according to Act of Parliament) shall be and is hereby exempted and excufed from findeing
and contributeing towards the findeing any Horse Horseman or Armes or Foote Soldier and Arms for his whole
Estate if at any time it is charged but with one Horse or a lesse charge, or for such part of his Estate as is or shall
be charged with one Horse if his whole Estate be charged with a greater charge then one Horse in the County or
Lieutenancy where he soe serves as a Foote Officer in respect of the expence which the said Imployment doth
necessarily engage him in, any thing in the said Acts to the contrary notwithstanding
Constables, under a Penalty of 40s. to levy Arrears of Assessment.
XI. 
Distress.
Bee it alsoe enacted and ordained That each Constable Tythingman or other Officer of any Parish or place under
the Penaltie for every negelect of forfeiting Forty shillings shall and doe by vertue of a Warrant directed to him
from the respective Lieutenants and Deputy Lieutenants or any three or more of them levy all arreares. and
proportions of money unpaid that were sett or charged for the raising training and arraying the Trained Bands and
Forces actually raised and in being before the passing of the said mentioned Act by the Distresse and Sale of the
Goods of any person or persons refuseing to pay the same rendering backe the overplus (if any) the charge of
Distresse and Sale being first deducted.
Soldiers raised under this Act to be subject to Exercise and Duty and liable to Penalties as under 14 (13 & 14) C. II. c. 3.
XII. 
Be it alsoe enacted That every Trooper or Foote Soldier at any time raised by vertue or according to the
directions of this present Act shall be subject to such Exercise and Duty as others charged or raised by the said
mentioned Act, and shall accordingly upon like paines and penalties observe and keepe all the respective Orders
and Directions of the said Act and of this present Act and shall suffer the same Penalties for committing any
of the respective crimes and offences exprest in the said Act which said paines and penalties are in the like cases
to be imposed and leavyed in the same manner and by the same wayes and meanes as are sett downe in the
said Act,
Lieutenants and Deputies to dispose of the Fourth Part of one Month's Assessment amongst inferior Officers.
XIII. 
And whereas the fourth part of one Moneths Assessment in each County after the rate of Seaventy thousand
pounds by the moneth is by the said Act yearely appointed for furnishing Amm[m]unition and other necessaries Bee it
enacted and declared by the Authoritie aforesaid That the said respective Leiutenants and Deputies or any three or
more of them shall from time to time have power to dispose of soe much of the said fourth part to the inferiour
Officers imployed in or about the said respective Forces for their paines and encouragement as to them the said
Leiutenants and Deputies or any three or more of them shall seeme expedient,
In Actions brought for executing Act.; General Issue.
XIV. 
Double Costs.
Provided alwayes and bee it enacted That it shall be lawfull to every person & persons that shall have any
Action or Suite brought against him or them for any thing done in execution of this or the said Act to plead the
generall Issue and to give the speciall matter in evidence, and if Judgement shall be given for the Defendant or if
the Plaintiffe shall become Nonsuite or discontinue his Suite then he shall recover double Costs
Such Actions to be brought in the proper County.; Limitation of Action.
XV. 
Provided alsoe and be it enacted That noe Action or Suite shall be brought against any person for any thing
done in execution or by pretence of the execution of this or the said Act unlesse the said Action or Suite be laid
in the proper County and commenced within six monethes next after such cause of Action.
Clause of Indemnity in 13 C. II. st.3. c.6.
XVI. 
construed to commence and take Effect betwixt 2d Feb. 1659 and 24th June 1660.
Provided and be it further enacted by the Authoritie aforesaid That one Clause contained in a certaine Act
(entituled An Act declareing the sole Right of the Militia to be in the King and for the present ordering and
disposeing of the same) and made for the indempnifying of all persons acting in the Militia from the fower and
twentieth of June One thousand six hundred and sixtie to the twentyeth of July One thousand six hundred sixtie
and one as touching the assaulting detaining or imprisoning any person suspected to be a Fanatique Sectary or
Disturber of the Peace or seising of Armes or searching of Houses for Armes or for suspected persons shall be
construed to commence and take effect and shall be good and effectuall in Law for the indempnifying of all persons
whatsoever accting in the Militia of this Kingdome for any the matters aforesaid betwixt the second day of February
One thousand six hundred fifty nine and the fower and twentieth of June One thousand six hundred and sixtie
inclusive by vertue or colour of any Authoritie or Command whatsoever Any thing in the said Act or in any other
Act to the contrary thereof in any wise notwithstanding.
Penalties to be recovered by Warrant under the Hands and Seals of Lieutenants and Deputy Lieutenants on Goods and Chattels.
XVII. 
If not sufficient Goods and Chattels, Imprisonment under the like Warrant.
And be it further enacted by the Authoritie aforesaid That the severall Forfeitures Penalties and Payments by
this present Act imposed sett or directed (not otherwise by this present Act provided to be leavyed sued for or
recovered) shall or may in case of defaulte be leavyed or recovered by warrant under the Hands and Seales of
the respective Lieutenants and Deputie Lieutenants or any three or more of them upon the Goods and Chattells
of the Offender and by Sale of the same rendering the partie the overplus if any be And if sufficient of the Goods
and Chattels of such Offender cannot be found or had whereof to leavy such Forfeiture Payment or Penaltie then
the said respective Lieutenants and Deputy Lieutenants or any three or more of them shall have power and are
hereby authorized by like Warrant under their Hands and Seales to committ such Offender to prison untill he shall
make satisfaction according to the said forfeiture payment or penaltie,
Indemnity to Persons who have dismantled Towns, &c.
XVIII. 
And it is further declared and enacted That all and every person and persons which since the five and twentyeth
day of March One thousand six hundred sixtie and two have acted or done any thing in the dismantling of any
Citties or Townes or demolishing of Walls and Fortifications thereof or relateing thereunto shall be and are hereby
indempnified and saved harmelesse.
Value of Estates to be charged.
XIX. 
Proviso for said Act as to Forces raised in Cities, &c.
And whereas some Doubt hath arisen upon the said Act what Estates shall be charged with or towards Foote
Be it therefore enacted and declared by the Authoritie aforesaid That noe person who hath any Estate of the
yearely value of Two hundred pounds or personall Estate of the value of Two thousand fower hundred pounds
chargeable by the said Act shall be charged with or toward the finding any Foote, And it shall be lawfull for
the respective Leiutenants and Deputies or any three or more of them to charge according to the proportions of
the said any Act any person who hath an Estate of the yearely value of One hundred pounds and under the yearely
value of Two hundred pounds or who hath a personall Estate of Twelve hundred pounds and under the value of
Two thousand fower hundred pounds chargeable by the said Act with or toward the finding of Foote or toward
the findeing of Horse as to their Judgement shall seeme most expedient for His Majesties Service, Yet neverthelesse
this shall not be construed to extend to make any alteration in the provisions in the said or this Act concerning
the Forces to be charged or raised in Citties Corporations and Port Townes,
Lord Warden of the Cinque Ports empowered to execute this and the former Act and to keep up the usual Number of Soldiers in the said Ports, &c.
XX. 
Inhabitants of the said Ports, &c. how far not to be charged with Arms, &c. for their Estates in Counties adjacent.
Provided alwayes and be it enacted by the Authoritie aforesaid That the Lord Warden of the Cinque Ports
to auntient Townes and their Members and in his absence his Lieutenant or Lieutenants shall and may putt, in
execution within the said Ports Townes and Members all the Powers and Authorities given and granted by this
and the said former Act and to execute and performe all and every the things therein contained in the like
manner as the respective Lieutenants of the Counties and their Deputies may doe and may keepe up and continue
the usuall numbers of Soldiers in the said Ports Townes and Members unlesse they finde cause to lessen the same,
And that the Inhabitants of the said Ports Townes and Members being in reguard of their scituation on the
Sea coasts charged with a greater proportion of Armes and armed men then other parts of the Kingdome shall
not be charged with Armes or armed men in the Countyes adjacent for their Estates there lyeing save onely for
such proportion as they are lyeable unto and either are not or shall not be charged with within the said Ports
Townes and Members Any thing in this Act contained to the contrary in any wise notwithstanding.
Inhabitants and Revenues of Stamford Baron to be assessed and charged as formerly.
XXI. 
Provided alwayes and be it enacted by the Authoritie aforesaid That the Inhabitants and Revenues of or in
the Parish of Saint Martin called Stamford Baron in the Suburbs of the Borough and Towne of Stamford on the
South side of the waters there called Welland may be assessed and charged to finde and serve in the Trained
Bands of the County of Lincolne as formerly according to the said mentioned Act and this present Act by the
Lieutenant and Dcputie Lieutenants for the Countie of Lincolne for the time being in such manner as any Persons
or Estates within the said Countie of Lincolne may be by them assessed and charged to the purposes aforesaid,
And they of Saint Martin aforesaid are hereby declared to be well and legally assessed and charged by the said
Lieutenant and Deputy Lieutenants respectively.
Provided alwayes and bee it enacted by the Authoritie aforesaid That the Inhabitants and Revenues of or in
the Parish of Saint Martin called Stamford Baron in the Suburbs of the Burrough and Towne of Stamford on the
South side of the waters there called Welland may be assessed and charged to finde and serve in the Trained
Bands of the County of Lincolne as formerly according to the said mentioned Act and this present Act by the
Lieutenant and Deputie Lieutenants of the County of Lincolne for the time being in such manner as any Persons
or Estates within the said County of Lincolne may be by them assessed and charged to the purposes aforesaid,
And they of Saint Martin aforesaid are hereby declared to be well and legally assessed and charged by the said
Lieutenant and Deputy Lieutenants respectively.