court-mar

appear, and not bringing with him his arms, shall forfeit and pay the sum of five pounds. Every delinquen- Assessed by cy of officers in the above respects to be judged of, and tial. the said fines to be imposed, by a general court-martial; and if any officer shall refuse or neglect to pay the said fine, within one month, he shall be cashiered, and moreover be liable to a stoppage of his pay, towards discharging the said fine.

Provided, That if any officer shall think himself ag- Appeal to grieved by the sentence of such court-martial, he committee may appeal to the committee of safety, whose judgment shall of safety. be final; and every private soldier, or minute-man, refusing or neglecting to pay the same, or to give security to pay the same in one month after conviction, shall be subject to such corporal punishment as may be inflicted by a court-martial, not extending to life or member.

And be it farther ordained, That the commander in Brigade machief shall have power, as occasion may require, to ap- jor. point one brigade-major, to be approved by the committee of safety; and such brigade-major shall be allowed six shillings for every day he is employed on duty.

Winter

quarters,

And be it farther ordained, That the committee of safety shall, and they are hereby empowered, to pro- how provid vide proper winter-quarters for the regular soldiers, ed. and minute-men when called into actual service, as they may see occasion, and issue their warrants from time to time for the payment of the same.

Militia offi

sioned.

And whereas, by the expiration of several of our militia laws, and the act of our general assembly making cers, how provision against invasions and insurrections, which nominated there is little prospect of having revived in any reason- and commis. able time, it is judged necessary, in the present time of danger, that the remainder of the militia not included in the minute-men should be armed, accoutred, trained, and disciplined, in the best manner the circumstances of the country will admit of, Be it therefore ordained, That in each county within this colony there shall be a county-lieutenant, colonel, lieutenant-colonel, and ma- to militia jor, to be commissioned by the committee of safety up- duty. on the nomination of the committees of the respective counties; that all free male persons, hired servants, and apprentices, above the age of sixteen, and under fifty years, except such as are hereafter excepted, shall be enlisted into the militia by the commander in chief of

Who liable

the county, and formed into companies of not less than thirty two, nor more than sixty eight, rank and file, to be placed under one captain, one lieutenant, and one ensign, all of whom shall be commissioned by the com mittee of safety, upon the nomination of the committees How enroll- of the counties as aforesaid. And the commander in ed. chief of each county shall, within three months after passing this ordinance, deliver to each captain a list of the names of the men appointed for his company; and every captain receiving such list shall summon his company to meet him within a fortnight, at such convenient time and place as he may appoint, in order to lay a proper foundation for training and disciplining them in the most effectual manner.

Who ex

empted.

Fine on coJonel for ne

glect.

Arms, &c. to

Provided, That the members of his majesty's council, and the committee of safety, the president of the convention, treasurer, attorney-general, auditor, clerk of the council, clerk of the secretary's office, clerk of the general convention, and clerk of the committee of safety (each of which exempts furnishing a stand of arms for a soldier) all clergymen and dissenting ministers, the president, professors, students, and scholars, of William and Mary college, the keeper of the publick jail, all overseers of four tithables residing on a plantation, and all millers, and persons concerned in iron works, shall be exempted from such enlistment.

And be it further ordained, That if any commander in chief of any county shall fail to do his duty as above directed, he shall forfeit and pay the sum of two hundred pounds.

And be it farther ordained, That every militia man be furnished so to be enlisted shall furnish himself with a good rifle, by militia. if to be had, or otherwise with a tomahawk, common firelock, bayonet, pouch, or cartouch box, three charges of powder and ball, and appear with the same at the place appointed for mustering, and shall constantly keep by him one pound of powder and four pounds of ball, to be produced whenever called for by his commanding-officer.

Exceptions.

Provided always, That no person shall be subject to the penalties hereby inflicted, for the not providing or producing the quantity of powder required, who shall make it appear to the court-martial that he has, used his best endeavours to procure such powder, and hath not been able so to do; also, that if it be certified by a court-martial that any soldier enlisted is so poor as pot

to be able to purchase the arms aforesaid, then such arms shall, by order of the committee of the county, be procurred so soon as may be, at the expense of the publick. And if any person shall presume to sell or buy any arms thus provided, he shall forfeit and pay the sum of six pounds; and all arms so purchased and delivered to any such poor soldier shall on his death, or removal out of the county, be delivered to the chief officer of the militia in the county, or to the captain of the company to which such poor soldier did belong, to be by such officer delivered to any other poor soldier whom the commanding-officer shall adjudge unable to provide himself with arms as aforesaid.

And be it farther ordained, That there shall be a Company private muster of the several companies in each county musters. once a fortnight, except in the months of December, January, and February, and the officers and soldiers shall be on the place appointed by ten o'clock, in the forenoon, and morcover, there shall be a general mus ter in every county, in the months of April and Octotober in each year, and the officers and soldiers shall appear on the parade by eleven o'clock in the fore

noon.

General

muster.

Misbehavi

our, in officers and pri

And be it farther ordained, That if any officer, when on duty, shall misbehave, he shall be subject to the censure of a court-martial, who shall, if they see cause, vates, how certify, such misbehaviour to the committee of the punishable. county, city, or borough, by whom such officer was nominated, who shall have full power to displace and remove such officer from his post, if they shall judge it expedient for the good of the publick; and if any soldier shall, at any general or private muster, refuse to obey the command of his officer, or shall behave himself refractorily and mutinously, or misbehave himself at a court martial, it shall and may be lawful for the commanding-officer then present to cause such offender to be tied neck and heels, for any time not exceeding five minutes.

ed,

And be it farther ordained, That every captain, or Delinquents, in his absence the next commissioned officer, shall how reportmake return of all delinquencies in his company, either at general or private musters, to the next court-martial; and the better to enable him so to do, the senior serjeant being first sworn by a magistrate, shall act as clerk, and call over the roll at each muster. And the lieutenant, or other chief officers of the militia, shall and

Courts martial when and how convened.

ers.

Clerk.

cies.

may order the other officers and soldiers under him to go armed to their parish churches on Sundays, and to any licensed meeting-houses, whenever he judges it ne

cessary.

And be it farther ordained, That it shall and may be lawful for the field-officers and captains of every county, or the major part of them, whereof a field-officer shall be one, and they are hereby required, to meet at the courthouse of their respective counties the day next following the general muster in the months of April and October in every year, if fair, (if not, the next fair day) then and there to hold a court-martial; which court Their pow- shall have power to adjourn from day to day, and to inquire of the age and abilities of all persons enlisted, and exempt such as they shall adjudge incapable of service, and of all delinquents returned by the captains for absence from musters, or appearing without arms, powder, or ball. And the said court, the better to conduct the business before them, shall and may appoint a clerk, to whom the president of the court shall administer an oath, well and faithfully to perform the duties of his office; and the said court shall allow such clerk, so appointed, such salary as they may judge his serviFines, for ces entitle him to. And every county-lieutenant, or elinquen the next officer in command, if the lieutenant should be absent on necesary business, failing to appoint a general muster, as before directed, shall forfeit and pay one hundred pounds; and every colonel, lieutenant-colonel, or major, failing to appear with their proper arms at any general muster, shall forfeit and pay ten pounds; and every captain failing to muster and exercise his company once in every fortnight, except as before excepted, shall forfeit and pay forty shillings for every neglect; and failing to appear at any general muster, shall forfeit and pay fifty shillings. Every lieutenant failing to appear at any muster twenty shillings, and every ensign, for the like failure, the sum of twenty shillings; and every soldier not appearing, or appearing without proper arms, five shillings; or for not bringing with him three charges of powder and ball, three shillings; or failing to bring into the field, when required by his commanding-officer, one pound of powder, and four pounds of ball, five shillings. And every captain, or in his absence from muster the next commandingofficer, failing to return the list of the persons who shall not appear at muster to the courts-martial, or who shall

ed.

appear without proper arms, powder, and ball, shall forfeit and pay ten pounds; provided, if the person so How excusfailing shall, at the next court-martial, or in case of his inability to attend at the succeeding court-martial, offer a reasonable excuse for any such delinquencies, such excuse shall and may be admitted, and the party complained of discharged of all and every the penalties aforesaid.

&c.

And be it further ordained, That the captain of each Drums, fifes, company shall and may appoint one drummer and one filer, who shall be paid for their attendance the same as is allowed in the minute service; and the said captains shall provide drums, fifes, colours, and halberds, at the publick expense, to be reimbursed out of the fines; and every clerk of a court-martial shall deliver a list List of fines. of the fines imposed by the court-martial to the collector, within twenty days, under the penalty of one hundred pounds, to be imposed by the next succeeding

court-martial.

And be it further ordained, That every officer of the Officers, how militia within this colony shall, at all times that he acts armed. on duty, at any private or general muster, appear armed in the following manner, that is to say: every county lieutenant, colonel, licutenant-colonel, and major, with a sword, and every captain and lieutenant with a fire-lock and bayonet, and a sword, and three charges of powder and ball; every ensign with a sword; every serjeant and corporal with a sword and halberd, under the penalty of twenty shillings; all the said fines to be levied by a court-martial, and appropriated to the purchasing arms and ammunition for the use of such as are not able to procure the same.

Privates,

how armed.

Arms ex

And be it further ordained, That the soldiers shall be allowed six months after enlisting to provide them- when and selves with arms, and in the mean time shall bring with them such arms as they have, under the penalty of five shillings, to be inflicted by a court-martial; and that all empted from arins of the militia shall be exempted from executions executions, or distresses, and all officers and soldiers shall be ex- and soldiers and officers empted from arrests in civil cases, during their continu- from arrests. ance at, going to and returning from musters.

to appear at musters.

And be it farther ordained, That if any exempted Exempts not miller or overseer shall presume to appear at any muster of the militia or minute-men, or in any muster-field, on the day on which such muster shall be appointed, the party so offending shall forfeit and pay twenty shil