Militia Act 1697
1697 CHAPTER 31 9 Will 3
An Act for raising the [Milita] for the Year One thousand six hundred ninety eight although the Months Payformerly advanced be not [paid.]

 Recital of Stat. 14 Car. II. c. 3. §6.
§6.; and that it had been found necessary to draw out the Soldiers, and charge Pay in Hand, though former Pay not reimbursed; Lieutenants and Deputy Lieutenants, &c. authorized, before 24th June 1699, to draw out Soldiers, and to charge Pay in Hand as if Pay before advanced had been reimbursed.Whereas by an Act of Parliament made in the Session held in the Thirteenth and Fourteenth Years of
the Reign of the late King Charles the Second intituled An Act for ordering the Forces in the several
Counties of this Kingdom it was amongst other things enacted That in case of Invasions Insurrections or Rebellions
whereby occasion should be to draw out the Soldiers mentioned and appointed in and by the said Act into actual
Service the Persons charged by the said Act with Horses Horsemen and Armes should provide each their Soldier
respectively with Pay in Hand not exceeding One Months Pay as should be in that behalf directed by the respective
Lieutenants of the several Counties and in their Absence or otherwise by their Direction by their Deputies or any
Two or more of them for Repayment of which said Moneys and for Satisfaction of the Officers for their Pay
dureing such time not exceeding One Month as aforesaid as they should be with their Soldiers in such actual
Service it was thereby declared That Provision should be made for the same by His said Majesty His Heirs and
Successors out of His or their Publick Treasury or Revenue Nevertheless it was thereby further provided and
enacted That in case a Months Pay should not be provided and advanced as aforesaid that no Person who should
have advanced his proportion thereof should be charged with any other like Months Payment until he or they
should have been reimbursed the said Months Pay and so from time to time the said Months Pay by him or them
last before provided and advanced as aforesaid And whereas upon several occations it hath been found necessary
for the Publick Defence and Safety to draw out the said Soldiers into actual Service and to charge the said Persons
to provide each their Soldier respectively with Pay in Hand although the Months Pay by several of them before
that time provided and advanced was not nor could be reimbursed and whereas the like occasion may possibly
happen Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice & Consent of 
the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of
the same That if at any time before the Four and twentieth Day of June One thousand six hundred ninety nine
it shal be found by His Majesty to be necessary for the Defence and Safety of this Kingdom to draw out the
said Soldiers into actual Service and the same shal be declared and signifyed to the respective Lieutenants or
Deputy Lieutenants and the Lord Warden of the Cinque Ports Two antient Towns and their Members or in his
Absence his Lieutenant or Lieutenants by His Majesty it shal be lawful for the said Lieutenants or their Deputies
or any Three or more of them as aforesaid and the Lord Warden of the Cinque-Ports Two Antient Towns and
their Members or in his Absence his Lieutenant or Lieutenants in pursuance of such Orders from His Majesty
notwithstanding  One or more Months Pay before that time advanced be not reimbursed to raise and draw out the
said Soldiers into actual Service and to cause the Persons charged as aforesaid to provide each their Soldier with
Pay in Hand not exceeding One Monthes Pay in such manner as if all the Pay before that time advanced and
provided had been fully reimbursed and paid.
1 W. & M. c. 8.
II. 
Where Papist, or Persons refusing to take the Oaths of 1 W. & M. c. 8., are chargeable to find Horse or Foot Soldiers and Arms, Lieutenants, &c. may charge the Estates of such Persons as herein mentioned; Such Papist, &c. refusing, &c. to pay, Distress; Tenant paying may deduct out of Rent.
And whereas Papists reputed Papists and such Persons as doe or shal refuse to take the Oaths mentioned in an
Act of Parliament made in the First Year of the Reign of King William and Queen Mary intituled An Act for
abrogating the Oath of Supremacy and Allegiance and appointing other Oaths which lawfully tendered to them are
not thought fit to be intrusted with setting out Horses and Armes in the Militia of this Kingdom Be it enacted by
the Authority aforesaid That where any Papist or reputed Papist or other Person refuseing to take the Oaths as
aforesaid are in respect of their Estates charged or chargeable to the finding any Horse Horseman and Armes or
any Foot Soldier and Armes the Lieutenant or Lieutenants or in their Absence the Deputy Lieutenants of and for
the County Ryding Division or Place where such Estats do lye or Three or more of them are hereby authorized
and impowred to nominate and appoint such Person or Persons as they shall think most meete and proper to
furnish and sett forth one or more Horse Horsemen and Arms or Foot Souldiers and Arms for the said Estates
and shal and may charge the same Estates with the Payment of the Yearly Sums hereafter mentioned (that is to
say) for a Horse Horseman and Arms the Sum of Eight Pounds and for every Foot Soldier and Arms the Sum of
Thirty Shillings to be paid to the Persons that shal furnish and set forth the same and in case such Papist or
reputed Papist or Person refusing to take the Oaths as aforesaid shal neglect or refuse to pay the same upon
Demand It shal and may be lawful to and for the said Lieutenants or Three or more of the said Deputy
Lieutenants by Warrant under their Hands and Seals to levy the same by Distress and Sale of the Goods of such
Papist or reputed Papist or Person refusing to take the Oaths as aforesaid or upon his and their several and
respective Tenant or Tenants and the remaining Arrears from the said Persons refusing the Discharge thereof for
the like Services already performed to be adjudged and determined by Three Deputy Lieutenants or more of them
rendring the Overplus to the Party so distrained all necessary Charge in levying thereof being first deducted and
the Tenant or Tenants so paying or distrained on as aforesaid shall and are hereby impowred to deduct the same
out of the Rents payable for the said Estates.
When Two or more Persons charged to find Soldiers and Arms, Three Deputy Lieutenants may appoint the finding and settle the Contribution.
III. 
Person charged as Contributor refusing to pay.; Distress.; Tenant paying empowered to deduct out of Rent.
And be it further enacted by the Authority aforesaid That where Two or more Persons are charged to find
any Horse or Foot Soldier and Arms It shal and may be lawful to and for any Three or more Deputy
Lieutenants of the same County Ryding Division Limitts of the Cinque Ports or other Places to direct and appoint
who shal find the Horse and Arms or Foot Soldier and Arms and who shal be the Contributors and to settle the
Sums of Money to be paid by every Contributor in case the same Contribution be not ascertained by Agreement
of the Parties and if any Person so charged as a Contributor being Inhabitant of the said County Riding Division
Limitts of the Cinque Ports or other Place shall refuse to pay his Proportion upon Demand or in case he be not
an Inhabitant in that County Riding Division Limitts of the Cinque Ports or other Place his Tenant or Tenants
whose Estate is charged with the same Proportion shall neglect or refuse to pay his said Proportion upon Demand
that then it shal and may be lawful to and for Three or more Deputy Lieutenants of the said County Riding
Division Limitts of the Cinque-Ports or other Place by Warrant under their Hands and Seals to levy such Sum
and Sums of Money by Distress and Sale of the Goods of the Person so neglecting or refusing to pay if he be
an Inhabitant of the same County Riding Division Limits of the Cinque-Ports or other Place  in case he dwell out
of the County Riding Division Limitts of the Cinque-Ports or other Place then by Distress and Sale of the Goods
of his Tenant or Tenants or the Estate charged with the same Proportion rendring the Overplus to the Party all
necessary Charge in levying thereof being first deducted and the Tenant and Tenants is and are hereby authorized
and impowred to deduct and defaulk the Sum so charged out of the Rent by him or them payable to his or
their Landlord and the Sum so levyed shal be paid according to the Direction of the Warrant of such Three or
more Deputy Lieutenants.