The Eleventh Year of George II. - Chap. VII.
An Act for the more effectual preventing the Enlisting of His Majesty’s Subjects to
serve as Soldiers in foreign Service without His Majesty’s License.
Whereas divers of his Majesty’s subjects have been of late seduced to enlist themselves, and others have been carried away by force out of this kingdom, and compelled to enlist, and enter themselves as soldiers under foreign princes, states, or potentates; which practices are highly prejudicial to his Majesty’s dominions: and whereas the laws now in force are not sufficient to put a stop to such illegal practices: for the better and more effectual preventing the same, be it enacted by the King’s most excellent Majesty, 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 from and after the first day of May one thousand seven hundred and thirty eight if any subject of his Majesty, his heirs, or successors, shall within this kingdom enlist, or enter himself, or shall go out of the same beyond the seas and enlist, or with an intent or in order to enlist, or enter himself as a non-commissioned officer or private soldier in the service of any foreign prince, state, or potentate; or if any person or persons shall within this kingdom enlist, or perswade, prevail on, entice, or procure any subject of his Majesty, his heirs or successors, to enlist, or enter himself, or shall hire or retain any person being a subject of his Majesty, his heirs and successors, with an intent to cause such person to be enlisted, or to enter himself, or perswade, or procure any person being a subject of his Majesty, his heirs and successors, to go beyond the seas, or embarque with an intent or in order to be inlisted, or to enter himself as a non-commissioned officer or private soldier in any foreign service as aforesaid, without the leave or license of his Majesty, his heirs or successors, under the sign manual of his Majesty, his heirs or successors, or of the chief governor or governors of this kingdom for the time being, under his or their hands and seals, to serve any such foreign prince, state, or potentate; or if any person or persons shall carry away by force out of this kingdom any subject of his Majesty, his heirs or successors, with an intent or in order to perswade, prevail on,
cause or compel such person to enlist, or enter himself as a non-commissioned officer or private soldier in the service of any foreign prince, state, or potentate; every person or persons so offending (being thereof lawfully convicted) shall be adjudged guilty of felony, and shall suffer death, as in cases of felony, without benefit of clergy or of the statute made in the ninth year of the reign of her late Majesty Queen Anne, intituled, An Act for taking away the benefit of clergy in certain cases; and for taking away the book in all cases; and for repealing part of the statute for transporting felons.
II. And be it further enacted by the authority aforesaid, That all and every person or persons, who shall harbour, conceal, relieve, entertain, or transport beyond the seas, any such offender or offenders, or shall be aiding , abetting, or assisting therein, knowing him or them to be guilty of such offences, or any of them, being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death, as in cases of felony, without the benefit of clergy or of the said statute; and shall and may be tried for the said felony, although the principal offender be not convicted or outlawed for the said felony.
III. And be it further enacted by the authority aforesaid, That no papist or reputed papist shall be capable of serving as a juror upon the trial of any of the said offenders; and that it shall and may be lawful to and for such person or persons, who shall prosecute in behalf of his Majesty, to challenge any papist or reputed papist, returned as a juror to try the same, and assign for cause that the person, so returned to serve as a juror, is a papist or reputed papist; which challenge shall be deemed and taken to be a principal challenge, and the judge or judges, before whom the said offenders shall be tried, shall allow and adjudge the same to be a good and legal challenge; any law to the contrary notwithstanding.
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