Anno tertio Henrici octavi.
THE King our Sovereign Lord, Henry the eighth after the Conquest, by the grace of God, King of England and of France, and Lord of Ireland, at his Parliament holden at Westminster the fourth day of February, in the third year of his most noble Reign, to the honour of God and holy Church, and for the common weal and profit of this Realm, by the assent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by authority of the same, hath done to be made certain Statutes and Ordinances, in manner and form following.
CAP. V.
An Act for payment of Wages to Soldiers.
"FORASMUCH that the King our Sovereign Lord intendeth, by the grace of God, to send over the Sea a great Army, trusting thereby, not only to preserve this his Realm in its ancient Fame and Honour, but also to set in perfect Peace and Tranquility his Subjects of the same, and the better to be disposed to serve God: Howbeit, many times by the inordinate covetousness of Captains retained with Princes afore this time, great part of the number of Souldiers, for whom such Captains have indented with Princes at time of need, have lacked of the number of Souldiers, whereby great jeopardy hath insued, and irrecuperable damages may ensue, if remedy therefore be not seen and had:" Be it therefore ordained by authority of this present Parliament, CaptainsThat if any Captain be captains, retained, or hereafter shall be, to serve the King on the Sea, or beyond the Sea in feat of War, which have not his, or their whole and perfect number of men and Souldiers, according as he shall be retained with the King,Wages. or give not them their full Wages, without abridgment, as he shall receive of the King for them :Forfetit he shall for such default forfeit to the King all his Goods and Chattels, and their body Forfeit to Prison. And that every Captain, petit Captain, and all other having under them retinue of Souldier or Souldiers at the Kings Wages, shall (upon the pain aforesaid) pay to the retinue of the Souldier or Souldiers, and every of the same, the Wages rateably as is allowed unto them by the King our Sovereign Lord, or the Treasurer of his Wars, without lessening or withdrawing of any part thereof; And for as long time as they shall receive Wages for them, this payment to be made unto the said retinues, every Souldier of the same, of their Captains, and petit Captains, always within six days next and immediately after that the said Captain, petit Captain, or other, shall have received their Wages of the King, or of the Treasurer of his Wars, or of their Lords or Masters.
Souilders depart without licence. FelonyII. And if any Souldier, being no Captain, immediately retained with the King, which hereafter Souldiers shall be in Wages, and retained, or take any Prst to serve the King upon the Sea, or upon the Land, or beyond the Sea, depart out of the King's service, without licence of the Kings Lieutenant there, that such departing be taken, deemed, and adjudged Felony: And that he so offending suffer for the said offence, punishment and execution of Felony.
Clergie.
Justices of the PeaceIII. And forasmuch as his offence stretcheth to the hurt and jeopardy of the King our Sovereign Lord, the Nobles of the Realm, and of all the Common-weal thereof, that therefore he or they so offending (not being within Orders of holy Church) enjoy not the benefit of his Clergy. And that it be ordained by the said authority, That the Justices of the Peace of every Shire of England where any such or offendors be taken, have power to inquire of the said offences, and the same hear and determine, as they do and may do of Felonies, Trespasses, and other offences expressed in the Kings Commission to them made, as though the said offences were done in the same Shire: And also that the said departing of such Souldiers, and also their retainers, if it be traversed, be tried in the same Shire where they be for such causes arressed and arraigned.
IV. Provided alway, That no Captain be charged by this Act for lack of his number retained, as is abovesaid, whole Souldiers shall happen to die, or otherwise depart, not in the default of the Captain; so that the said Captain, if he be at Land-Wages, shew the departing or lacking of his Souldier within ten days; after the lacking of the said Souldier, unto the Kings Lieutenant there, and to the Treasurer of the Wars: Or if the Captain be at the Sea-wages, if he shew the departing or lacking of the Souldier so lacking, to the Admiral of the Navy where he is retained, at the next meeting with the said Admiral. Provided alway, That this Act extend not to any Captains or Souldiers, that now be, or hereafter shall be retained within the Towns of Calice, Hammes and Guisnes, Risebank, Berwick and Wales, or any of them, and the Marches of the same.
V/ Provided alway, That this Act be not prejudicial nor hurtful to the said Captains, petit Captains, nor any other, having under them retinue of Souldiers, nor any of them, for non-payment of the Kings Wages to their houfhold Servants and other, to whom they shall daily find and give meat and drink during the said service of War.
