FOR the settling, arming and training a militia for her majestie's service, to be ready on all occasions for the defense and preservation of this her colony and dominion,

Be it enacted, by the governor, council and burgesses, of this present general assembly, and it is hereby enacted, by the authority of the same, That from and after the publication of this act, the colonel or chief officer of the militia of every county have full power and authority to list all male persons whatsoever, from sixteen to sixty years of age within his respective county, to serve in horse or foot, as in his discretion he shall see cause and think reasonable, having regard to the ability of each person, he appoints to serve in the horse, and to order and place them and every of them under the command of such captain in the respective countys of their abode, as he shall think fitt.

Provided nevertheless, That nothing herein contained shall he construed to give any power or authority to any colonel or chief officer whatsoever, to list any person that shall he, or shall have been of her majesty councill in this colony, or any person that shall be, or shall have been speaker of the house of burgesses, or any person that shall be, or shall have been her majesty’s attorney general, or any person that shall be, or shall have been a justice of the peace within this colony, or any person that shall have born any military commission within this colony as high as the commission of a captain, or any minister, or the clerk of the councill for the time being, or the clerk of the general court for the time being, or any county court clerk during his being such, or any parish clerk or schoolmaster during his being such, or any overseer that hath four or more slaves under his care, or any constable during his being such, or any miller who hath a mill in keeping, or any servant by importation, or any slave, but that all and every such person or persons be exempted from serving either in horse or foot. Any thing in this act heretofore to the contrary notwithstanding.

Provided always, That if any overseer that is by this act exempted from being listed shall appear at any muster, either of horse or foot, he shall appear in arms fit for exercise, and shall perform his duty as other private soldiers do, on pain of paying the fine inflicted by this act upon such persons as do not provide troopers, arms and other accoutrements. But for as much as severall of the persons exempted as aforesaid, though they be of sufficient ability to find and keep a serviceable, horse and horse arms, and such men whose personal service may not only be usefull, but necessary upon an insurrection or invasion, which God prevent, by virtue of the proviso aforesaid, will perhaps account themselves free from provideing and keep the same at the places of their abode, which is not intended:

Be it therefore enacted by the authority aforesaid, and it is hereby enacted and declared, That the persons of a councellor, of a speaker of the house of burgesses, of a justice of the peace, of an attorney-general, and of a captain or an higher officer in the militia, are exempted from being listed and serving either in horse or foot under command as the rest of the militia do, merely for the dignity of the office which they do or shall have held, and that notwithstanding the said proviso or any thing therein contained, it is the true intent and meaning of this act, that all and every such person or persons, and also of the clerk of the council, the clerk of the general court, and every county clerk shall provide and keep, and they and every one of them are hereby required and enjoyned to provide and keep at their respective places of abode a troopers horse, furniture, arms, ammunition, according to the directions of this act hereafter mentioned and expressed, and to produce or casue the same to be produced in the county where they respectively reside yearly, and every year at the generall muster appointed by this act, to the colonel or chief officer present, upon pain of forfeiting for every neglect therein, twenty shillings current money of Virginia.

And in case of rebellion or invasion shall also be obliged to appear when thereunto required, and serve in such situations as are suitable for gentlemen, under the direction of the colonel or chief officer of the county where he shall reside, under the same penaltys as any other person or persons, who by this act are injoyned to be listed in the militia , any thing herein contained to the contrary or seeming to the contrary in any wise notwithstanding.

And be it further enacted, by the authority aforesaid, That the colonell or chief officer of the militia of every county be required, and every of them is hereby required, as soon as conveniently may be, after the publication of this act, to make or cause to be made, a new list of all the male persons in his respective county capable by this act to serve in the militia, and to order and dispose, them into troops or companys, according to the directions of the governor or commander in chief of this dominion for the time being, and the respective circumstances of the ability of the persons listed, to the end each trouper or ffoot soldier may be thereby guided to provide and furnish himself with such arms and ammunition and within such time as this act hereafter directs.
 

And be it enacted, by the authority aforesaid, That every ffoot soldier be provided with a firelock, musket, or fusee well fixed, a good sword and a cartouch box, and six charges of powder, and appear constantly with the same at time and place appointed for muster and exercise, and that besides those each foot soldier have at his place of abode two pounds of powder and eight pounds of shott, and bring the same into the field with him when thereunto specially required, and that every soldier belonging to the horse be provided with a good serviceable horse, a good saddle, holsters, brest plate and crouper, a case of good pistols well fixed, sword and double cartouch box, and twelve charges of powder, and constantly appear with the same when and where appointed to muster and exercise, and that besides those each soldier belonging to the horse have at his usuall place of abode a well fixed carbine, with belt and swivel, two pounds of powder and eight pounds of shott, and bring the same into the ffield with him, when thereunto specially required.

And be it further enacted, by the authority aforesaid, That whatsoever trooper or ffoot soldier shall fail to appear at time and place appointed, or appearing shall not be furnished and provided with arms and ammunition as aforesaid for muster and exercise, or shall not keep at his place of abode what by this act he is directed there to have and bring into the field with him all and singular the arms and ammunition directed by this act when thereunto specially required, such trooper or ffoot soldier shall for his neglect in any way of the premises, be fined one hundred pounds of tobacco, every time he is warned or appointed to appear.

Provided always, and be it enacted, That eighteen months time be given and allowed to each trouper and foot soldier not heretofore listed to furnish and provide himself with arms and ammunition according to this act, & that no trouper or foot soldier be fined for appearing without having the same at his place of abode untill he hath been eighteen months listed, anything in this act to the contrary, or seeming to the contrary notwithstanding.

And for the encouragement of every soldier in horse or foot to provide and furnish himself according to this act and his security to keep his horse, arms and ammunition, when provided.

Be it enacted, by the authority aforesaid, That the musket or fuzee, the sword, cartouch box and ammunition of every foot soldier, and the horse, saddle and furniture, the carbine, pistols, sword, cartouch box and ammunition of every trouper provided and kept in pursuance of this act to appear and exercise withall be free and exempted at all times from being impressed upon any account whatsoever, and likewise from being seized or taken by any manner of distress, attachment, or writt of execution, and that every distress, seizure, attachment or execution made or served upon any of the premises, be unlawful and void, and that the officer or person that presumes to make or serve the same be lyable to the suit of the party grieved, wherein double damages shall be given upon recovery.

And to the end the militia of this her majestys colony and dominion, being settled and armed as aforesaid, may be the better fitted for service,

Be it further enacted, by the authority aforesaid, That the colonel or chief officer of the militia of every county once every year at least, cause a generall muster and exercise of all the horse and ffoot in his county at one place and oftener if there be occasion, and that every captain both of horse and foot once in every three months, muster, train and exercise his troop or company, or oftener if occasion require.

Provided, That no soldier in horse or foot, be fined above five times in one year for neglect in appearing.

And be it further enacted, by the authority aforesaid, That all soldiers in horse and ffoot during the time they are in arms, shall observe and obediently perform the commands of their officer relating to their excrciseing according to the best of their skill, and that the chief officers upon the place shall and may imprison mutineers and such soldiers as do not their dutys as soldiers at the day of their musters and training, and shall and may inflict for punishment for every such offence, any mulct not exceeding fifty pounds of tobacco, or the penalty of imprisonment without bail or mainprise, not exceeding ten days.

And be it further enacted by the authority aforesaid, That if any soldier either in horse or foot upon occasion of an incursion, invasion, insurrection or rebellion, or other alarm or surprise, shall be summoned to meet at a certain time and place and shall fail to appear accordingly, such soldier shall for such his offence be fined ten pounds current money, or suffer three months imprisonment, without bail or mainprise.

And forasmuch as some difficulty hath been found in procuring some soldiers to be willing to serve as serjeants, corporals, drummers or trumpeters, all of them absolutely necessary in troops and companys: For prevention of the like in time to come,

Be it enacted, by the authority aforesaid, That whatsoever soldier shall refuse to take upon him, act in and execute any of the said places and offices in the troop or company wherein he is listed, being known to be capable and thereunto appointed by his captain, shall for such his refusall be fined five hundred pounds of tobacco, which being once paid, he shall thereafter be exempted from being fined for any such refusall.

And to the end no wilfull and obstinate defaulter or offender by virtue of or against this act may escape the penalty inflicted by this act for his default or offence,

Be it enacted, by the authority aforesaid, and it is hereby enacted, That all captains of troops and foot companys within this her majestys colony and dominion be required, and every of them is hereby strictly required and injoyned, at every muster (generall or particular) to take or cause to be taken an exact account in writing of every such default or offence made or committed in his troop or company, by whom the default or offence was made or done, and at what time, and to sign the same with his own hand and deliver it, or cause it to be delivered within a month after the taking to the colonel or chief officer of the militia of the county whereunto he belongs, for such further proceeding thereupon as the persons hereafter impowered to inquire into the merit of the said defaults or offences shall  judge reasonable in tlie pursuance of, and according to the tenor and true intent and meaning of this act.

And be it further enacted, by the authority aforesaid, That the field officers and captains of every county, or the major part of them, whereof the colonel, lieutenant colonel, or major, shall be always one, have full power and authority to meet yearly at the court-house in their respective countys on the first Thursday in October, or in case of a failure in meeting that day, on the next Thursday following, to inspect the severall lists or accounts given by the captains to the colonel or chief officer as aforesaid, and thereupon to mulct every defaulter or offender therein charged, according to the merit of his default or offence, and the directions of this act.

Provided always, That nothing in this act contained be construed to give any power or authority to the said ffield officers and captains to meet or act as aforesaid at any other place or times then the times and place aforesaid, or to mulct any defaulter or offender for any default or offence whatsoever by or against this act, which hath been made or done above a year, any thing heretofore to the contrary notwitlistanding.

And because severall persons may happen to be charged with default or offence in their captains said list or accounts who are not wilfully guilty thereof, or may have a fair and just excuse for their not complying with this act—

For remedy in such cases, Be it enacted, by the authority aforesaid, That whensoever any soldier charged with a default or offence as aforesaid can and doth shew forth to the said ffield officers and captains at their meeting to mulct delinquents as aforesaid, such matter and cause that he ought not to be fined for the same as they shall judge reasonable, and be convinced withall before lie be actually fined, it shall be lawfull for the said ffield officers and captains, and they are hereby required to admit of such soldiers excuse  to lay no mulct or ffine upon him for such default offence, any thing in this act to the contrary notwithstanding.

And be it further enacted, by the authority aforesaid, That the severall fines and penaltys mentioned in this act, which the said ffield officers and captains shall at their meetings as aforesaid order and direct, be levied by distress and sale of the goods and chattels belonging to the defaulter or offender by warrant from the colonell or chief officer of the county to the sheriff (in case the defaulter or offender refuse to pay the same in specie upon the ffield officers and captains order without further process) and that the said colonel or chief officer sign and issue a warrant in order thereunto as occasion requires.

And be it further enacted, by the authority aforesaid, That the said ffield officers and captains have full power and authority to appoint and imploy a clerk to attend them at the said meetings, and to keep a register of all their proceedings, and to allow the said clerk such sallary for his said service, and for providing necessary books and paper for their use as in their discretion they shall think fit and reasonable, and to pay the same out of the penaltys and fines accrewing by this act.

And be it further enacted, by the authority aforesaid, That the said ffield officers and captains at their meetings as aforesaid, have full power and authority to order and dispose the tobaccoes which shall hereafter accrew and arise upon the ffines, penaltys and fforfeitures mentioned in this act, in such manner as in their discretions shall seem best for paying therewith a clerk as aforesaid, and for furnishing the severall troops and companys belonging to the county with necessary drums, colours, trumpets, leading staffes, partizans and halberts, and for procuring such and so many books of military dissipline as shall be thought convenient, and after all these for providing arms and ammunition for the countys use with the overplus.

And be it further enacted, by the authority aforesaid, That every captain of a troop of horse or ffoot company within this colony be permitted and allowed to take one of the soldiers under his command to be clerk to his troop or company, and that such clerk in consideration of his service in that respect be excused from carrying or appearing in arms at any muster, generall or particular, except in case of a rebellion or invasion, any thing in this act heretofore to the contrary notwithstanding.

And be it further enacted, That all and every other act and acts, and every clause and article thereof heretofore made, for setling the militia, or any other matter or thing whatsoever, within the purview of this act is and are hereby repealed and made void to all intents and purposes, as if the same had never been made.