Penalty. Petition of Right, 3 Car 1. 31 Car. 2. c 1. $54. Conftables, &c. in England to quarter Officers and Men in writing or tranfcribing the faid Mufter Rolls, upon Pain of forfeiting their refpective Employments, and the Sum of Twenty Pounds to any Person that will fue for the fame, for every fuch Offence. • XLVIII. 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 the Land are not by the Laws to be burthened with the fojourning of Soldiers against their Wills; and by a Clause in an Act of the British 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 fix thousand four hundred fixty two Pounds Seventeen Shillings and Three pence, for paying and difbanding the Forces, it is declared and enacted, That no Officer, Civil or Military, nor other Perfon whatsoever, should from thenceforth prefume to place, quarter or billet, any Soldier or Soldiers upon any Subject or Inhabitant of this Realm, of any Degree, Quality or Profeffion whatsoever, without his Confent, and that it fhall and may be lawful for any Subject, Sojourner or Inhabitant, to refufe to quarter any Soldier or Soldiers notwithstanding any Demand or Warrant or Billetting whatsoever: But forafmuch as at this time, and during the • Continuance of this Act, there is and may be Occafion for the marching and quartering of Regiments, Troops and Companies, in feveral Parts of the United Kingdom of Great Britain and • Ireland;' Be it further enacted by the Authority aforefaid, That, for and during the Continuance of this Act, and no longer, it fhall and may be lawful to and for the Conftables, Tithingmen, Headboroughs and other Chief Officers and Magiftrates of Cities, Inns, Alehoufes, 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 Juftice of the Peace inhabiting in or near any fuch City, Town, Village or Place, and for no others; and fuch Conftables, and other Chief Magiftrates as aforefaid, are hereby required to quarter and billet the Officers and Soldiers in His Majefty's Service, and Perfons receiving Pay in His Majefty's Army, in Inns, Livery Stables, Alehoufes, Victualling-houfes, and the Houfes of Sellers of Wine by Retail, whether British or Foreign, to be drank in their own Houfes, or Places thereunto belonging; other than and except Canteens held and occupied under the Authority of the Commiffioners for the Affairs of Barracks, or of the Department of the Ordnance, and other than and except Perfons who keep Taverns only, being Freemen of the Company of Vintners of the City of London, who were admitted to the Freedom before the Fifth Day of July One thousand feven hundred and fifty seven, or who fince have or fhall hereafter be admitted to their Freedom of the faid Company in Right of Patrimony or Apprenticeship, notwithstanding fuch Perfons who keep Taverns only have taken out Victualling Licenfes; and all Houfes of Perfons felling Brandy, Strong Waters, Cyder or Metheglin, by Retail, to be drank in Houses, other than and except the Houfe or Houses of any Distillers, who keep Houses or Places for diftilling Brandy and Strong Waters, and the House of any Shopkeeper whofe principal Dealings fhall be more in other Goods and Merchandizes than in Brandy and Strong Waters (fo as fuch Diftillers and Shopkeepers do not permit or fuffer Tippling in his or their Houfes), and in no other, and in no private Houfes &c. but in no Dif tillers' or Shop keepers' Houfes, or in any private Houses. whatsoever; &c. whatsoever; nor fhall any more Billets at any time be ordered than there are effective Soldiers prefent to be quartered; all which Billets when made out by fuch Chief Magiftrates or Conftables, fhall be delivered into the Hands of the Commanding Officer prefent: And if any Conftable, Tithingman, or fuch like Ŏfficer or Magiftrate, as aforefaid, fhall prefume to quarter or billet any fuch Officer or Soldier in any fuch private House, without the Confent of the Owner or Occupier, in fuch case fuch Owner or Occupier fhall have his or their Remedy against fuch Magiftrate or Law Officer, for the Damage that fuch Owner or Occupier fhall sustain thereby: And if any Officers quarterMilitary Officer fhall take upon him to quarter Soldiers otherwife ing Soldiers conthan is limited and allowed by this Act, or fhall ufe or offer any trary to Act, Menace or Compulfion to or upon any Mayors, Constables or other Civil Officers before mentioned, tending to deter and difcourage any of them from performing any Part of their Duty hereby required or appointed; fuch Military Officer fhall, for every fuch Offence (being thereof convicted before any Two or more of the Juftices of the Peace of the County, by the Oath of Two credible Witneffes), be deemed and taken to be ipfo facto cafhiered, and fhall be utterly Punishment. difabled to have or hold any Military Employment within this Kingdom, or in His Majefty's Service; provided the faid Conviction be affirmed at the next Quarter Seffions of the Peace of the faid County, and a Certificate thereof be tranfmitted to the Judge Advocate in London, who is hereby obliged to certify the fame to the Commander in Chief and Secretary at War: And in cafe any Perfon Perfons agfhall find himself aggrieved, in that fuch Conftable, Tithingman or grieved by being Headborough, Chief Officer or Magiftrate (fuch Chief Officer or Magiftrate not being a Juftice of the Peace), has quartered or billetted in his House a greater Number of Soldiers than he ought to bear in proportion to his Neighbours, and fhall complain thereof to One or more Juftice or Juftices of the Peace of the Divifion, City or Liberty, where fuch Soldiers are quartered; or in cafe fuch Chief Officer or Magiftrate fhall be a Juftice of the Peace, then, on Complaint made to Two or more Juftices of the Peace of fuch Divifion, City or Liberty, fuch Juftices refpectively fhall have, and have hereby Power to relieve fuch Perfon, by ordering fuch and fo many of the Soldiers to be removed and quartered upon fuch other Person or Perfons as they shall fee Caufe; and fuch other Person or Perfons fhall be obliged to receive fuch Soldiers accordingly. quartered on, may complain to Juftices. • XLIX. And whereas by an Act paffed in Ireland in the Sixth 6 Ann. (L.) c. 14. Year of the Reign of Queen Anne, intituled An Act to prevent the • Disorders that may happen by the marching of Soldiers and pro 'viding Carriages for the Baggage of Soldiers on their March, it $8. Regulations for quartering Sol diers in Ireland. Billetting. Part of Ireland to another, or during fuch time or times as he or they fhould be on their March as aforefaid: And whereas the Barracks of Ireland are not at prefent fufficient to lodge all the Forces " upon its Military Establishment: And whereas it may be necessary to ftation Part of the Troops in Places where there are not Barracks or not fufficient Barracks to hold them;' Be it enacted, and it is hereby declared and agreed by the Authority aforefaid, That it fhall and may be lawful, notwithstanding the faid recited Act, to and for the Conftables and other Chief Officers and Magiftrates of Cities, Towns, Villages and other Places in Ireland, and in their Default or Abfence for any One Juftice of the Peace inhabiting in or near any fuch City, Town, Village or Piace, and for no others, and fuch Conftables and other Chief Magiftrates as aforefaid, or in their Default, fuch Juftice of Peace as aforefaid, are hereby required to quarter and billet the Officers and Soldiers in His Majefty's Service in Inns, Livery Stables, Ale Houfes, and the Houfes of Sellers of Wine by Retail, to be drank in their own Houfes or Places thereunto belonging, and all Houfes of Perfons felling Brandy, Strong Waters, Cyder or Metheglin, by Retail; and where there fhall not be found fufficient Room in fuch Houfes, then in fuch manner as has been heretofore customary, taking care not to billet lefs than Two Men in any One House, except only in the cafe of billetting Horfe or Dragoons in manner hereinafter mentioned; nor fhall any Billets at any time be ordered for more than the Number of effective Soldiers prefent to be quartered; all which Billets, when made out by fuch Chief Magiftrates or Constables or Juftice of the Peace, as the cafe may be, fhall be delivered into the Hands of the Staff Officer employed, or of the Commanding Officer prefent; and if any Conftable or fuch Chief Officer or Magiftrate as aforefaid fhall prefume to quarter or billet any fuch Officer or Soldier in any Houfe not within the Meaning of this Act, without the Confent of the Owner or Occupier thereof; then fuch Owner or Occupier fhall have his or their Remedy at Law against fuch Magiftrate or Officer for the Damage that fuch Owner or Occupier fhall fuftain thereby, and fuch Conftable, Chief Officer or Magistrate, being duly convicted of fuch Offence by Indictment, shall be imprisoned for the Space of One Calendar Month; and if any Military Officer fhall take upon him to quarter Soldiers otherwife than is limited and allowed by this Act, or fhall ufe or offer any Menace or Compulfion to or upon any Mayor, Conftable or other Chief Officer before mentioned, tending to deter or difcourage any of them from performing any Part of their Duty hereby required or appointed, or to induce any of them to do any thing contrary to their faid Duty, fuch Military Officer fhall, for every fuch Offence, being thereof convicted before any Two or more Juftices of the Peace of the County, by the Oath of Two credible Witneffes, be deemed and taken to be ipfo facto cafhiered, and fhall be utterly difabled to have or hold any Military Employment whatfoever: Provided the faid Conviction be firmed at Quar- affirmed at the next Affizes or Quarter Seffions of the Peace for the faid County, or County of a City or Town, and a Certificate thereof tranfmitted to the Secretary at War; and in cafe any Perfon fhall find himself aggrieved in that fuch Conftable, Chief Officer or Magiftrate not being a Juftice of the Peace, has quartered or billetted in his House a greater Number of Soldiers than he ought to bear in Remedy. Officers menacing Conftables, &c. Punishment. Conviction af ter Seffions. proportion proportion to his Neighbours, and fhall complain thereof to One or more Juftice or Juftices of the Peace of the Divifion, City or Liberty, where fuch Soldiers are quartered, or in cafe fuch Chief Officer or Magiftrate fhall be a Juftice of the Peace, then on Complaint made Juftices, Jurif to Two or more Juftices of the Peace of fuch Divifion, City or Li. diction of. berty, fuch Juftice or Juftices refpectively fhall have, and have hereby Power to relieve fuch Perfons by ordering fuch and fo many of the Soldiers to be removed and quartered upon fuch other Perfon or Perfons as he or they fhall fee caufe, and fuch other Perfon or Perfons fhall be obliged to receive fuch Soldiers accordingly. [Sections 50. to 55. are the fame as $§ 48. to 53. of 53 G. 3. c. 17.] LVI. And be it further enacted by the Authority aforefaid, That the Officers, Men and Horfes, belonging to His Majefty's Horfe or Dragoons, and alfo all Bat and Baggage Horfes belonging to any of His Majefty's other Forces, and alfo the Horfes belonging to Staff and Field Officers in His Majefty's Forces when upon actual Service, not exceeding for each Officer the Number for which Forage is or fhall be allowed by His Majefty's Regulations, fhall and may be quartered and billetted in the Inns, Livery Stables, Alehouses, Victualling Houfes, and other Houfes in which Officers and Soldiers are by this Act allowed to be quartered and billetted, and that they fhall be received and furnished by the Owners or Occupiers of fuch Inns, Livery Stables, Alehoufes, Victualling Houfes, and other Houfes in which they are fo allowed to be quartered and billetted, with Diet and Small Beer, and with Stables, and Hay and Straw for fuch Horfes, paying and allowing for the fame the several Rates that are or shall be established by any Act or Acts of Parliament in force in that respect. Officers, Men and Horses, belonging to the Horse or Dragoons, and alfo Horfes, &c. how quartered, &c. Bat and Baggage Constables, &c. Money taking to excufe any Perfon from quartering. [Sections 57. to 60. are the fame as $ 55. to 58. of 53 G. 3. c. 17.] LXI. And be it further enacted by the Authority aforefaid, That if any High Constable, Constable, Beadle or other Officer or Perfon whatsoever, who, by virtue or colour of this Act, fhall quarter or billet, or be employed in quartering or billetting any Officers or Soldiers, fhall neglect or refuse to quarter or billet any Officer or Soldier on Duty when thereunto required, in fuch manner as is by this Act directed, provided fufficient Notice be given before the Arrival of fuch Troops; or fhall receive, demand, contract or agree for any Sum or Sums of Money, or any Reward whatsoever, for or on account of excufing, or in order to excufe any Perfon or Perfons whatsoever, from quartering or receiving into his, her or their House or Houses, any fuch Officer or Soldier; or in cafe any Victualler, or Victuallers reany other Perfon liable by this Act to have any Officer or Soldier fufing to quarter billetted or quartered on him or her, fhall refufe to receive or victual any fuch Officer or Soldier fo quartered or billetted upon him or her as aforefaid; or fhall refufe to furnish or allow according to the Directions of this Act the feveral Things hereinafter respectively directed to be furnished or allowed to Non Commiffioned Officers or Soldiers fo quartered or billetted on him or her as aforefaid; or fhall neglect or refufe to furnish good and fufficient Stables, together with good and fufficient Hay and Straw for each Horse so quartered or billetted on him or her as aforefaid, at the Rate that is or fhall be established by any Act or Acts of Parliament in force in that respect, and fhall be thereof convicted before One or more Justice Soldiers. Penalty, how applied. Officers and Sol diers to pay Rates for Diet, Innholders furnithing Men quartered with Candles, &c. gratis. or Juftices of the Peace of the County, City or Liberty, within which fuch Offence fhall be committed, either by his own Confeffion or by the Oath of One or more credible Witnefs or Witnesses (which Oath the faid Juftice or Juftices is and are hereby empowered to adminifter), every fuch High Conftable, Conftable, Beadle or other Officer or Perfon fo offending, fhall forfeit for every such Offence the Sum of Five Pounds, or any Sum of Money not exceeding Five Pounds nor less than Forty Shillings (as the faid Juftice or Juftices before whom the Matter fhall be heard, fhall in his or their Difcretion think fit); to be levied by Diftrefs and Sale of the Goods of the Perfon offending, by Warrant under the Hand and Seal, or Hands and Seals of fuch Juftice or Juftices before whom fuch Offender fhall 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 Overfeers of the Poor of the Parish where the Offender fhall dwell; which faid Sum of Five Pounds, or the said Sum not exceeding Five Pounds nor lefs than Forty Shillings, when levied, fhall be applied in the firft Place in making fuch Satiffaction to any Soldier for the Expence he may have been put to by reafon of his not being billetted or quartered as aforefaid, as fuch Juftice or Juftices fhall order and direct; and the Remainder shall be paid to the Overseers of the Poor of the Parifh if in England, and to the Churchwardens of the Parish if in Ireland, wherein the Offence fhall be committed, or to fome One of them, for the Use of the Poor of the said Parish. [Sections 62. and 63. are the fame as $60. and 61. of 53 G. 3. c.17.] LXIV. Provided nevertheless, and it is hereby enacted, That the Officers and Soldiers fo quartered and billetted as aforefaid, fhall be received and furnished with Diet and Small Beer by the Owners of the Inns, Livery Stables, Alehoufes, Victualling Houses, and other Houses in which they are allowed to be quartered and billetted by this Act; paying and allowing for the fame the feveral Rates that are or fhall be established by any Act or Acts of Parliament in force in that refpect. [Rates fixed, c. 55. poft.] LXV. Provided always, That in cafe any Innholder, or other Perfon on whom any Non Commiffion Officers and Private Men fhall be quartered by virtue of this Act (except on a March or employed in recruiting, and likewife except the Recruits by them raifed, for the Space of Seven Days at most for fuch Non Commiffion Officers and Soldiers who are recruiting and the Recruits by them raised), fhall be defirous to furnish fuch Non Commiffion Officers and Soldiers with Candles, Vinegar and Salt gratis, and allow to fuch Non Commiffion Officers or Soldiers the Ufe of Fire, and the neceffary Utenfils for dreffing and eating their Meat, and fhall give Notice of fuch his Defire to the Commanding Officer, and fhall furnish and allow the fame accordingly; then and in fuch Men to provide cafe the Non Commiffion Officers and Soldiers fo quartered fhall provide their own Victuals and Small Beer; and the Officer to whom it belongs to receive, or that does actually receive the Pay and Subfiftence of fuch Non Commiffion Officers and Soldiers, fhall pay the feveral Sums to be payable out of the Subfiftence Money for Diet and Small Beer to the Non Commiffion Officers and Soldiers as aforefaid, and not to the Innholder or other Perfon on whom fuch In what cafe their own Victuals and II |