Militia Act 1698

II.

Papists chargeable to the finding of Soldiers, refusing to take the Oaths of Stat. 1 W. & M. c.8. § 12., Lieutenants or Deputy Lieutenants may set forth Soldiers, and charge the Estates of such Persons, and may levy the same by Distress; Amount may be adjudged by their Deputy Lieutentants.; Tenants paying may deduct.

And whereas Papists reputed Papists and such Persons as doe or shall refuse to take the Oaths mentioned in an Act of Parliament made in the First Yeare of the Reigne of King William and Queene Mary intituled An Act for abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths when lawfully tendred to them are not thought fitt 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 refusing 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 Rideing Division or Place where such Estates do lye or Three or more of them are hereby authorized and impowered to nominate and appoint such Person or Persons as they shall think most meet and proper to furnish and sett forth One or more Horse Horsemen and Armes or Foot Soldiers and Armes for the said Estates and shall and may charge the same Estates with the Payment of the yearly Sums hereafter mentioned that is to say For a Horse Horseman and Armes the Sum of Eight Pounds and for every Foot Soldier and Armes the Sum of Thirty Shillings to be paid to the Persons that shall furnish and set forth the same And in case such Papist or reputed Papist or Person refuseing to take the Oaths as aforesaid shall neglect or refuse to pay the same upon Demand it shall and may be lawfull to and for the said Lieutenants or Three or more of the said Deputy Lieutenants by Warrant under their Hands and Seales to levy the same by Distress and Sale of the Goods of such Papist or reputed Papist or Person refuseing to take the Oaths as aforesaid or upon his and their severall and respective Tenant or Tenants and the remaining Arreares from the said Persons refuseing 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 soe paying or distrained on as aforesaid shall and are hereby impowered to deduct the same out of their Rents payable for the said Estates