NOVEMBER, 1682−−−34th CHARLES II.

ACT VII.

An act disbanding the present souldiers in garrisons in the fforts on the heads of the severall rivers, as alsoe for the raiseing of other forces in their stead.

WHEREAS the present garrisons in the severall forts built according to an act of assembly held at James Citty the 8th day of June 1680, entituled, an act for continuation of the severall garrisons andfortifications at the heads of the four great rivers, are by experience found, very burthensome and chargeable to the country, and for as much as the apprehentions of danger from the insurrections of certaine Indian enemies induced that assembly to erect those forts and place those garrisons in them, are for the most parte removed by peace concluded with those Indians then our enemies; the house of burgesses now assembled, do pray that it may be enacted, And bee it enacted by the governour, councell and burgesses of this generall assembly, and by the authority thereof, that the said severall forts and garrisons be dismantled and the forces, officers and soldiers therein and in each of them disbanded sometime between this and the thirtieth day of this instant, December, and that each officer and soldier by the time aforesaid, doe actually deliver up his horse, armes and furniture to the respective owners of them, and for as much as it may be dangerous and of evill consequence to leave the fronteires of the country and the heads of the aforesaid rivers altogether unguarded, It is hereby enacted that twenty men well furnished with horses and all other accoutrements be raised and listed in each of the counties of Henrico, New Kent, Rappahanock and Stafford, of such housekeepers belonging to the said counties as shall voluntarily offer themselves for this service, and for want of such or soe many housekeepers, that then the said number shall be made of such freemen as shall willingly offer themselves, and give security to the militia officers of that county to performe all services and other things as by this act is enjoyned them; but in case such twenty men quallified as aforesaid, shall not be found in each of the said counties, then it shall and may be lawfull for the militia officers of the said counties to impresse such, and soe many men furnished as aforesaid as shall be wanting to compleate the number required by this act. And his excellency the governour is hereby desired to make choice of and commissionate some fitt and able person in each of the foresaid counties who is a housekeeper therein to command, lead, traine, conduct and exercise the said twenty souldiers to be raised in the said county, of which he shall be appointed and commissionated by his excellency the governour generall, the leiutenant or deputy governour as aforesaid. And it is further enacted that the chiefe officers of the militia in each of the said respective counties shall make choice of the most able and fittest person out of such twenty men as to them shall seem most fitt and convenient to be corporall of the troope of that county, who in the absence of the captain of the said troope, occasioned by sickness and otherwise, is to lead, train, command and exercise the said troop, or company of twenty men. And bee it further enacted by the authority aforesaid, that the pay of each officer and soldier shall be as followeth: To the captain of each troop finding himself horse, armes, ammunition and provision, eight thousand pounds of tobacco with caske out of the publique leavy for one whole yeare, and soe after that rate for a longer or shorter time; to the corporall of each troope, three thousande pound of tobacco with caske as aforesaid for one whole yeare, and soe after that rate for a longer or shorter time; and to each soldier finding himself horse, armes furniture, provisions, ammunition and other necessaries as aforesaid, two thousand pounds of tobacco and caske as aforesaid, and soe after that rate for a longer or shorter time. And bee it enacted by the authority aforesaid, that each captain, or in his absence his corporall shall once every month muster, treine, exercise, instruct and discipline the troop or soldiers under his command on paine to forfeite five hundred pounds of tobacco in caske for each time he shall neglect such muster or exercise unless occasioned by sickness. And that every captain or in his absence occasioned by sickness, his corporall shall at the least once in every fourteen daies range and scout about the frontiers of the county for which they serve, and in such other places as shall be most likely for the discovery of the enemy under paine of forfeiting for every time he shall neglect such ranging and scouting one thousand pounds of tobacco in caske. And that every soldier that shall neglect or omitt to appeare at such muster, shall forfeite one hundred pounds of tobacco in caske, and for not scouting and rangeing as aforesaid, the summe of two thousand pounds of tobacco and caske for every such default, all which forfeitures to be recovered by action of debt by him or them that will informe, the one halfe to the informer, the other halfe to the use of the county. And be it further enacted by the authority aforesaid, that upon notice, advice or discovery of the approach or attemt of any enemy, the said captain or corporall of the troop is hereby required to give speedy advice thereof to some one or more of the cheife officers of the militia, and he or they to his excellency the governour, the right honourable deputy governour or some one of the honourable councill, and in the meane time to observe and attend the motion of the enemy, only unlesse he shall obstinately persist to commit acts of hostility, and in such case of necessity to engage and destroy them if he shall see cause, and in all thing to attend and execute such orders and commands as he shall receive from the governour and councell. And it is further enacted, that for their better management and ordering their horses and makeing them fitt for service, noe soldier presume to use or bring to service any other horse then that only which shall be first mustered and approved, of which each captain is to take such perticular notice as that he may know the horse againe, unlesse in case such horse shall be by some accident made unfitt for service, in which case such soldier may provide himselfe of another able horse in his stead, which he is likewise not to part with, unlesse for his first horse againe; and this act to continue in force for three yeares from the first day of January now next ensueing. Provided alwayes, and be it enacted by the authority aforesaid, that the aforerecited act of the 8th of June 1680, intituled, an act for continuation of the severall garrisons and fortifications at the heads of the four greate rivers be repealed, and it is hereby repealed for three yeares under his majesties good likeing, and after untill his majesties pleasure shall be signified to the contrary; any thing herein to the contrary notwithstanding.