James Wolden proceedingsdefend was Indicted, for that he, being a Souldier , (and not a Captain) having been retained into his Majesties Service, and receiving his Wages, after the same Retention and receiving of Wages, without leave of his Lieutenant (or other proper Officer to give him leave) did withdraw himself and depart from the said Service, viz. on the 30th. of October last, not returning untill the 25th. of January following ; when, he was taken and arrested for the said Felony. The Lieutenant, Ensign, and Serjeant, were Witnesses against him, that they Retained him at Dover in Kent, and duely paid him his Wages; that afterwards, the Company being commanded to Windsor, he from thence run away; and being for that first Offence before a Court Marshal, upon humble Submission, forgiven, but that he afterwards run away again, was a second time re-taken, and ordered to be left to the Common Law. The Jury found it Special, viz. That he had been so retained into his Majesties Service, received the King's Wages; that he had departed, as mentioned in the Indictment, and was afterward retaken in London: but left it to be determined by the Judges, whither an Act of Felony or not .