Mutiny (No. 2) Act 1694

Recital of 4 & 5 (4) W. & M. c. 13; and that the same was continued by 5 & 6 W. & M. c. 15; that a Standing Army, without Consent of Parliament, is against Law; and that by Law no Man may be punished by Martial Law.; Reasons for passing this Act; 4 & 5 (4) W. & M. c. 13. continued from 10th April 1695 until 10th April 1696.

Whereas an Act was made in the Fourth and Fifth yeares of the Reigne of King William and Queen Mary intituled An Act for punishing Officers and Soldiers who shall mutiny or desert [X1 His] Majesties service and for punishing false musters and for payment of quarters to continue and bee in force until the First day of March in the yeare of our Lord One thousand six hundred ninety three and noe longer Which Act by an Act made in the last session of this present Parliament intituled An Act for continuing [X2 an] Act for punishing Officers and Soldiers who shall mutiny or desert their Majesties service and for punishing false musters and for the payment of quarters for One yeare longer was declared and enacted to bee and continue in full force and virtue from the said First day of March One thousand six hundred ninety three until the First day of March in the yeare of our Lord One thousand six hundred ninety foure and noe longer. And whereas the raiseing or keeping a standing army within this Kingdom in time of peace (unlesse it bee with consent of. Parliament) is against law. And whereas it is judged necessary by his Majestie and this present Parliament that dureing this time of warr several of the forces which are now on foot should bee continued and others raised for the safety of this Kingdom for the common defence of the Protestant Religion and for the carrying on the warr against France. And whereas noe man may bee forejudged of life or limb or subject to any kind of punishment, by Martial Law or in any other manner then by the judgement of his peers and according to the knowne and established laws of this Realme Yett neverthelesse it being requisite for the retaining such forces as are or shall bee raised dureing this exigence of affaires in their duty that an exact discipline bee observed and that Soldiers who shall mutiny or stirr upp sedition or shall desert his Majesties service bee brought to a more exemplary and speedy punishment then the usual forms of law will allow. Bee it therefore enacted by the Kings most excellent Majestie by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same That the said Act made in the Fourth and Fifth yeares of the reigne of King William and Queen Mary intituled An Act for punishing Officers and Soldiers who shall mutiny or desert their Majesties service and for punishing false musters and for payment of quarters and every clause matter and thing therein contained shall bee and continue and is hereby declared and enacted to bee and continue in full force and virtue to all intents constructions and purposes from the Tenth day of April One thousand six hundred ninety five until the Tenth day of April One thousand six hundred ninety six and noe longer And that in all and every the clauses in the said first recited Act wherein there is any commencement of time expressed to bee from the Tenth day of March One thousand six hundred ninety two the same shall bee construed by virtue of this Act to bee accounted from the Tenth day of April One thousand six hundred ninety five And in any clause wherein the like time shall bee expressed to bee between the said Tenth day of March One thousand six hundred ninety two and the First day of March One thousand six hundred ninety three the same shall bee by virtue of this Act intended to bee between the Tenth day of April One thousand six hundred ninety five and the Tenth day of April then next ensueing Any thing herein contained to the contrary notwithstanding.

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: Their O. [O. refers to a collection in the library of Trinity College, Cambridge]

X2 Variant reading of the text noted in The Statutes of the Realm as follows: the O. [O. refers to a collection in the library of Trinity College, Cambridge]