Militia Act 1697

II. 1 W. & M. c. 8.

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.