APRIL 1684.−−−36th CHARLES II.

ACT VII.

An Act for the better defence of the Country.

FOR the better safeguard and defence of the country then by any former act or law hath been hitherto provided, Bee it enacted by the governour, councell and burgesses of this present generall assembly, and by the authority thereof, and it is hereby enacted, That one act of assembly made at James Citty the 25th of Aprill, 1679, intituled, an act for the defence of the country against the incurtions of the Indians, and one other act made at James Citty aforesaid, the 8th day of June, 1680, intituled, an act for the continuation of the severall fortifications and garrisons at the heads of the four great rivers, and one other act made at James Citty aforesaid, the 10th day of November, 1682, intituled, an act disbanding the present souldiers in garrison in the forts of the severall rivers, as alsoe, for the raiseing of other forces in their stead, and every of them, and every clause, article and provisoe in them, each and either of them, bee, and are hereby repealed and made null and voyd to all intents and purposes whatsoever, as if the said acts had never been made. And for the forming of a standing force for the more sure and safe guarding the frontiers, and preventing the murthers, depredations, incurtions and spoiles by the Indians, Bee it enacted by the authority aforesaid, and it is hereby enacted, That four troops of horsemen (each troop to contain thirty able men) be raised for the purposes aforesaid, every way well horsed and armed: viz. Every man to have a good able horse for service, a case of pistolls, a carbine, sword and all other urniture fusuall [furniture usual] and necessary for horse souldiers or troopers, one of the four troops to be raised on the upper parts of the James river, one troop thereof on the upper parts of the York river, one troop thereof on the upper parts of the Rappahannock river, and the other troop on the upper parts of the Potomack river out of such as shall voluntarily offer themselves in each river for that service; but in case the full number of thirty men compleatly mounted, armed and provided as aforesaid, cannot be raised by such as shall voluntarily offer themselves for that service, that then his excellency the governour, and in his absence, the commander in chief for the time being, is desired (upon applycation to him made by the captain or chiefe commander of each troop) to issue forth his warrant for the raiseing soe many men (armed and appointed as aforesaid) as shall be wanting to compleat the number of thirty men by this act appointed.

And be it enacted, That the chief officers of the militia for the upper counties, on the aforesaid rivers, out of the thirty men raised or to be raised as aforesaid, may present to his excellency the fittest and most able person to command under the captain (occasioned by sicknesse or otherwise) is to command, lead, train and exercise the troope.

And be it enacted, That the pay of each captain finding himselfe provision, ammunition, horse, armes and all other necessaries for one whole yeare, shall be ten thousand pounds of tobacco and cask, and so after that rate for a longer or shorter time, and the pay for the leiutenant for one whole yeare, finding himselfe horse, armes, ammunition, provision and all other necessaries, shall be five thousand pounds of tobacco and caske, and soe after that rate for a longer or shorter time, and the pay for every private souldier mounted, armed and provided as aforesaid, shall be three thousand pounds of tobacco and cask for one whole yeare, and soe after that rate for a longer or shorter time, all which summes shall be paid by the country.

And bee it further enacted, That each captain of the troops (to be appointed or commissionated by the governour) or in his absence the leiutenant shall once every month, at the least, muster, traine, exercise, instruct and discipline the troope under his command, on paine or forfeiture of being abated out of his pay for every time he shall omit the same, the summe of one thousand pounds of tobacco, unlesse occationed by sicknesse. And further, that every captain, or in his absence the leiutenant, shall once every weeke (and oftener if occasion shall require) range and scout about the heads of the rivers, for which they serve (that is to say) the forces appointed for the head of Potomack doe scout and range from the head of Potomack aforesaid, above the frontier plantations, to the head of Rappahannock river; and the forces appointed for the head of Rappahannock to range from the head of Rappahannock (a) above the frontiere plantations to the north side of Mattapany river; the forces appointed for the heads of York river, to range from the south side of Mattapany river (b) above the frontiere plantations, to Chiccahominie swamp; and the forces for the heads of James river doe range from Chiccahominie swamp, above the frontiere plantations, to the heads of Apomatack river, and in such other places as shall be most likely for the discovery of the enemy, and further observe such rules, commands and directions as from time to time, he or they shall receive from the governour, or in his absence from the chiefe commander, or other theire superior officers, under paine of looseing or being abated out of his pay for every time he shall omitt such scouting and ranging, one thousand pounds of tobacco for their disobedience, contempt or neglect, and that every souldier that shall neglect to appeare at any muster well mounted and prepared as aforesaid, shall forfeite for each time he shall soe neglect the same, the suume of (c) one hundred pounds of tobacco to be abated out of his pay, and for every time he shall fayle to arrange or scout, two hundred pounds of tobacco to be abated out of his pay, the one halfe of all and every which forfeitures shall be paid by the country to him or them that will informe and make due proofe thereof, before the collonel or chiefe officer of the militia next adjoyning, such informer produceing a certifficate from the collonell or chiefe officer of haveing made such proofe, which certifficate the said collonell or chiefe officer is hereby required and authorized to give. And be it further enacted, that upon discovery, notice or advice of the approach or attempt of an enemy, the said captain or leiutenant of the troope is hereby required to give speedy advice thereof to the governour, and in his absence to the commander in chiefe for the time being, and in the mean time to attend the motion of the enemie, only unless the enemie dureing that time shall first committ some act of hostility, either in burning or in forcible entering into our houses, or by killing, maiming or carrying away any of the inhabitants, and then in such case to engage and destroy them, if he see cause, and in all things to observe and execute such orders and commands, as he shall from time to time receive from the governour, or in his absence from the commander in chiefe for the time being. And that for the better manageing and ordering their horses and makeing them fitt for service, noe souldier presume to use or bring to service any other horse than that which shall be first mustered and approved of, of which the captain is to take such perticuler notice, that he may know the same horse againe. Except where such horse as first past muster, be, by some accident or disease, made unfitt for service, in which case such souldier, shall provide himselfe of another able horse, in his stead, which he is likewise not to part with, unless for his first horse again. And to the end that the said troopes may att all times be the more speedily got together the captain of each troop is to take especiall care that his troop be quartered, neare the frontieres and heads of each river, and as near together as possible they may. And for encouragement of officers and souldiers in each troop. Bee it enacted, that in case any souldier shall loose his horse or armes, or any part thereof, in any actual engagement against the enemie, he shall be allowed the vallue thereof by the country, he makeing proofe of the reall vallue before the county court next adjoining. And farther, that each such souldier dureing the time of his service, be exempted and excused from the payment of publique levies.

And bee it further enacted, That upon the approach or first discovery of an enemie the officers of the militia next adjoyning, shall imediately put the militia under their comand, in a posture of defence and readinesse, for such service as shall be commanded them by the governour as the emergencys shall require, which said auxillaries (if at any time of imminent danger they are drawne out for the aiding or reinforcing of the troopes of thirty men by this act provided) and shall continue in such service above (a) the space of six dayes, (which six dayes they shall serve at their owne charge) That then and in such cases, each person if a horseman, well mounted, armed and furnished, and finding himselfe ammunition and provision as aforesaid, shall have the like allowance, for such further time he shall serve as a trooper or horseman, hereby this act appointed have for the like time, and every foot souldier well armed, and finding himselfe armes, ammunition and provision after the rate of two thousand pounds of tobacco and cask per annum.

And for the more easy and expeditious performing of any services hereby injoyned, or to be injoyned to the officers and souldiers aforesaid, Bee it enacted, that there be deposited into the hands of collonell George Mason, collonell John West, collonel John ffarrar and captain George Taylor, the summe of twelve hundred pounds of tobacco each. To the end the said collonell Mason, collonel West, collonell ffarrar and captain George Taylor, shall each of them buy (b) build or provide an able boate for the transporting the souldiers and horses over the severall rivers and places hereafter mentioned, vizt: One boat for James river to be placed and kept at such places as the chief officers of the militia for the county of Henrico shall appoint, one other boate to be placed and kept at such place on Pamonkey river as the chiefe officers for the militia, for the county of New-Kent shall appoint, and one other boate to be kept at such place on Ocquan (c) river as the chiefe officers of the militia for the county of Stafford shall appoint, and one other boate to be kept at such place on Rappahannock river, as the chiefe officers of the militia for the county of Rappahannock shall appoint.

Provided alwayes, and it is the true intent and meaning of this act, that the twenty troopers by the former act appointed, and at present in service at the heads of each river, shall continue and be in pay, and be paid as formerly, untill such time as the troopers by this act appointed to be raised, be fully formed and compleated; and Provided alsoe, that such and soe many of the said twenty troopers, now in service, as shall be willing (and against whome there is noe just exceptions) to be lysted in the new troopes, by this act to be raised, shall be lysted, preferred and accepted of before any other as part of such troop and troops, and to be paid rateably, according to the allowance in and by this act specified.

And be it further enacted, That upon the incursion, invasion or inroad of any Indian enemie, into either of the counties of Accomack or Northampton, or into any other county or counties in this country, it shall and may be lawfull to and for the militia officers or both; or either, or any of the said counties (as the emergency or occasion shall require) to put the souldiers under their command, into a posture of war and defence for the safeguard of the counties, and if they shall happen to continue in such service, above the space if six dayes (which six dayes they shall serve at their owne charge) that then, and in such case, each person (if a horseman, well mounted, armed and furnished, and finding himselfe ammunition and provision as aforesaid, shall have the like allowances for such further time as he shall serve as a trooper or horseman by this act appointed, shall have for the like time, and every foot souldier, shall have for the like time, and every foot souldier, well armed, and finding himselfe armes, ammunition and provision as aforesaid, after the rate of two thousand pounds of tobacco and caske pre annum as aforesaid. This act to continue in force three eares and noe longer.

And bee it further enacted by the authoritie aforesaid, That if it shall happen that any of the souldiers by this act appointed shall be wounded, maimed or disabled in his majesties and the countryes service, that then the person or persons soe wounded, shall be carefully provided for, and his cure endeavoured at the charge of the country, and the person or persons continueing maimed or disabled, shall have an annuall pension from the country for and towards his or their maintenance.