An Act, for the better Regulation of the Militia.

I. WHEREAS, the laws heretofore made, for the settling and better regulation of the Militia, have proved very ineffectual, whereby the colony is like to be deprived of its proper defence, in time of danger, for want of training the persons listed to serve therein, and reducing them under a proper discipline:

II. BE it therefore enacted, by the Lieutenant-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, in every county, shall list all free male persons, above the age of one and twenty years, within this colony, under the command of such captains as he shall think fit.

III. Provided always, That nothing herein contained, shall be construed to compel any persons herein after-mentioned, to a personal attendance at musters: that is to say. Such as are, or shall have been, members of his majesty’s council, speaker of the house of burgesses, secretary, receiver-general, auditor, judge of the court of vice-admiralty, attorney-general, clerk of the council, clerk of the house of burgesses, clerk of the secretary’s office, a justice of the peace, clerk of any county court, or any person that shall have borne any military commission as high as that of a captain, or any of the people commonly called Quakers: Yet all the persons aforesaid, shall, and are hereby required, to send one able-bodied man, not being a convict, or man and horse, armed and accoutred, according to the directions of this act, constantly to appear, and exercise at musters.

IV. Provided also, That nothing herein contained, shall impower or enable any colonel, or chief officer of the militia, to list or cause to be listed, any of the ministers of the church of England, the president, masters, or professors, and students, of the college of William and Mary, during the time of their being such, any overseers residing on the plantation where the slaves under their care are worked, all millers, having the charge and keeping of any mill, nor the founders, keepers, or other persons emploied in or about any iron, copper, or lead work, or any other mine, during the time of their being so emploied; who are hereby exempted from being any ways concerned in the militia.

V. And be it further enacted, by the authority aforesaid, That every person, so as aforesaid listed, (except free mulattos, negros and Indians,) and placed or ranked in horse or foot, shall be armed and accoutred in manner following: that is to say, Every horse-man shall be furnished with a serviceable horse, a good saddle, with breast-plate, crupper, curb-bridle, carbine or fuzee, and bucket, holsters, a case of pistols, cutting sword or cutlass, double cartouch-box, and six charges of powder; and constantly appear with the same, at the time and place appointed for muster and exercise; and shall keep at his place of abode, one pound of powder, and four pounds of ball, and bring the same into the field with him, when thereunto required. And every footman shall be furnished with a firelock, musket, or fuzee, well fixed, a bayonet fitted to the same, or a cutting sword or cutlass, a cartouch-box, and three charges of powder; and appear with the same at the time and place appointed for muster and exercise, as aforesaid; and shall also keep at his house, one pound of powder, and four pounds of ball; and bring the same into the field, when he shall be required.

VI. And be it further enacted, That all such free mulattos, negros, or Indians, as are or shall be listed, as aforesaid, shall appear without arms; and may be emploied as drummers, trumpeters, or pioneers, or in such other servile labour, as they shall be directed to perform.

VII. And, for the better training and exercising the militia, and rendering them more serviceable. Be it further enacted. That every captain shall, once in three months, or oftner, if required, muster, train, and exercise his troop or company: And the county lieutenant, colonel, or chief commanding officer, in every county, shall cause a general muster and exercise of all the troops and companies within his county, to be made in the month of September, every year. And if any soldier, during the time he is in arms at a general muster, shall refuse to perform the commands of his officer, or behave himself refractorily or mutinously, it shall and may he lawful, to and for the chief commanding officer, then present, to cause such offender to be tied neck and heels, for any time, not exceeding five minutes: And for a second offence, at such general muster, the offender shall be punished by the sentence of the majority of the field officers and captains, then present: who are hereby impowered, by a warrant under their hands, to commit the offender to the county goal, there to remain for any time not exceeding ten days. And if any soldier, during the time he is in arms, at any private muster, shall misbehave, as aforesaid, such offender shall be punished by any field officer then present; or, in case there be no such field officer, then by the sentence of a majority of the commission officers, then present; which field officer, or in his absence, the majority of the commission-officers, are hereby impowered to cause such offender to be tied neck and heels, for any time, not exceeding five minutes, for the first offence; and for the second offence, the majority of the commission-officers, then present, are hereby impowered, by warrant under their hands, to commit such offender to the county goal, there to remain for any time not exceeding ten days. And in either case, of commitment to the county goal, the offender so committed, shall not be thence discharged, until the lawful fees for commitment, imprisonment, and discharge, be fully satisfied and paid. And that every captain, and, in his absence, the lieutenant, shall duly make a list of all the persons upon his muster-roll, who shall he summoned, and do not appear at any of the Said musters, armed and accoutred, as by this act is directed: and return the same, with the names of all officers who shall he absent, to the court-martial, to which he belongs. And every captain shall have power to appoint a clerk, to his troop or company, who shall keep the muster-rolls, and attend all musters with the same; and such clerk shall be exempted from appearing at arms, in all such musters.

VIII. And further, it shall and may he lawful, for the chief officer of the militia, in every county, to order all persons listed therein, to go armed to their respective parish churches; and some time before the tenth of June yearly, to appoint an officer, and four men, of the militia, at such times and seasons as he shall think proper, to patrol, and visit all negro quarters, and other places suspected of entertaining unlawful assemblies of slaves, servants, or other disorderly persons. And such patrollers shall have full power and authority, to take up any such slaves, servants, or disorderly persons, so as aforesaid unlawfully assembled, or any other, strolling; about from one plantation to another, without a pass from his or her master, mistress, or overseer, and to carry them before the next justice of the peace; who is to order every such slave, servant, stroller, or other disorderly person, as aforesaid, to receive any number of lashes, not exceeding twenty, on his or her bare back, well laid on: And in case one company of patrollers shall not be sufficient, to order more companies, consisting of the same number. And such patrollers shall be exempted from attendance at private musters, and from the paiment of all public, county, and parish levies, for their own persons, for those years in which they shall be emploied in that service.

IX. And be it further enacted, That it shall and may be lawful, for the field officers, and captains, of every county, or the major part of them, whereof the county lieutenant, colonel, lieutenant-colonel, or major, shall be one, and they are hereby required to meet at the court-house of their counties, respectively, on the day next following the general muster, then and there to hold a court martial; which said court shall have power to adjourn from day to day, and to enquire of the age and abilities of all persons listed, and to exempt such as they shall judge incapable of service; and of all delinquents returned by the captains, for absence from musters, or appearing without arms and accoutrements; and to order the fines inflicted by this act, and not otherwise directed, to be levied upon all delinquents, who shall not make out some just excuse for not performing their duty; and to order and dispose of all such fines, in the first place, for buying drums, trumpets, and trophies, for the use of the troop or company from whence the same arise; and afterwards, for supplying the militia with arms. And the said court shall have full power, and are hereby required, to keep a register of all their proceedings; and for that purpose to appoint a clerk; and to allow him such salary for his service, out of the said fines, as they in their discretion shall think reasonable. And after the holding of every such court, the clerk shall make out copies of all their orders, and deliver the same, within one month next following the said court, to the sheriff of the county; who is hereby impowered and required to demand and receive the money or tobacco therein charged, of the persons made chargeable therewith; and in case of non-payment, on or before the tenth day of April next following, to levy the same by distress, and sale of the goods of the party refusing, according to the directions of the laws now in force, enabling the sale of goods distrained for rent.

X. And, for settling the fines to be inflicted upon all persons who shall fail to do their duty, in any thing required to be done by this act, and on all other delinquents punishable hereby. Be it further enacted by the authority aforesaid, That the several persons herein after mentioned, for such failure, shall forfeit and pay the sums following, respectively: that is to say, The lieutenant of any county, or, in case of his absence from, or non-residence in the county, the chief commanding officer, there residing, failing to appoint a general muster, in the month of September, yearly, shall pay ten pounds for every failure: To be recovered, with costs, by action of debt or information, in any court of record, in this colony; one moiety to our sovereign lord the king, his heirs and successors, for and towards the better supplying the county with arms; and the other moiety to the informer, to his own proper use. Every colonel, lieutenant-colonel, or major, failing to appear at such general muster, or court, shall pay forty shillings. Every captain, who shall fail to muster and exercise his troop or company, four times a year shall pay twelve shillings for every failure. And every captain failing to appear at the court martial, or general muster, shall pay twenty shillings for every failure. And every lieutenant who fails to appear at muster, shall pay ten shillings for every failure. And every cornet, or ensign, seven shillings and six pence. And every captain or in his absence, the next commanding officer failing to return a list of the persons who shall not appear at musters, or shall appear without his arms or accoutrements, shall pay fifty shillings. Every soldier refusing to serve as a serjeant, corporal, drummer, trumpetor, being thereto appointed by his captain, shall pay fifty shilling, or five hundred pounds of tobacco, at his election; but such person shall be fined but once for such refusal. Every person listed to serve in horse, shall pay seven shillings and six pence, or seventy five pounds of tobacco: And every person listed in the foot, shall pay five shillings, or fifty pounds of tobacco at their election, for not appearing at muster, compleatly armed and accoutred; so that no person be fined above five times a year for such failure. And every clerk of a court-martial failing to deliver the orders the court to the sheriff of the county, within the time herein before limited, shall forfeit all the salary or allowance for his service, as clerk, for that year.

XI. Provided always, and be it enacted, That eighteen months time be given and allowed to each soldier to furnish and provide himself with arms and ammunition, according to this act: And that no soldier be fined for appearing without, or not having the same at his place of abode, until he hath been listed eighteen months after the passing of this act. Any thing in this act to the contrary, or seeming to the contrary, in any wise notwithstanding; so as every soldier, during the said eighteen months, do appear at all musters, with such arms as he is already furnished with.

XII. And, for encouragement to every soldier provide and furnish himself, according to the directions of this act, and his security to keep his arms and ammunition, when provided, Be it enacted, by the authority aforesaid, That the furniture, arms and ammunition, provided and kept, in pursuance of this act, be free and exempted, at all times, from being impressed upon any account whatsoever; and likewise from being seised or taken by any manner of distress, attachment, or writ of execution. And that every distress, seisure, 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 liable to the suit of the party grieved; wherein double damages shall be given, upon a recovery.

XIII.And be it further enacted, That every person exempted from personal appearance only, failing to send an able bodied man, or man and horse, as the case shall be, in his room, to be trained and exercised, shall pay the same fine as is herein before inflicted for not appearing at musters. And every person ordered to go to church armed, failing to do his duty therein, shall pay five shillings. And every person ordered to patrol, and failing so to do, (to be certified to the court- martial, by the officer of such patrol,) shall pay ten shillings, for every failure. And every person going to, attending at, or returning from muster, shall be privileged and exempted from arrests, and being served with any other process, in any civil action or suit.

XIV. And be it further enacted by the authority aforesaid, That if any exempted overseer, or miller, shall presume to appear at any muster, or in any muster field whatsoever, on the day on which such muster shall be appointed; the party so offending, shall, for every such offence, forfeit and pay ten shillings, or one hundred pounds of tobacco; to be assessed upon him by the next court-martial, upon certificate of the offence to them made, by the captain, or chief officer, present at such muster; and levied, accounted for, and appropriated, in the same manner, as the other fines ordered by the court-martial.

XV. And be it further enacted, That if any sheriff shall refuse to receive the orders of any court-martial offered to him, by virtue of this act, or to collect and levy the fines therein mentioned; such sheriff, upon a motion and complaint thereof made to the county court or general court, shall be fined, for such refusal, fifty pounds current money: To be appropriated, in the same manner, as the other fines last mentioned. And if any sheriff, taking upon him such collection, or receiving the said orders, shall fail to account for, and pay what he shall have received, by virtue thereof, to the receiver, to be appointed for that purpose, by the court martial, deducting ten percent, only for his trouble in collecting and receiving; upon a motion or complaint made against him, by the said receiver, or the commanding officer of the militia, to the county court, or general court; such court shall give judgment, and award execution against him, for the same.

XVI. And be it further enacted, That every commission officer in the militia, shall, before he acts under, or executes any such commission, in the court of his county, take the oaths appointed by law to be taken, instead of the oaths of allegiance and supremacy, the abjuration oath, and subscribe the same, with the test:

And that every county lieutenant, colonel, lieutenant-colonel, major, and captain, at the time of their holding every court-martial, shall, before they hold the same, take the following oath; which shall be first taken by the presiding officer then present, and by him administered to the rest of the officers: to wit,

I A. B. do swear. That I will do equal right and justice to all men, according to the act of assembly, for the better regulation of the Militia.

XVII. And be it further enacted, That the adjutant-general, for the time being, with one servant, and their horses, shall be exempted from the paiment of ferriages at all public and other ferries, within this colony: And that the respective ferry keepers shall give him, and his servant, and horses, immediate passage at all such ferries, as in the case of public expresses. Any law, or custom, to the contrary, notwithstanding,

XVIII. And be it further enacted, by the authority aforesaid, That all and every other act and acts, and every clause and article therein contained. For the settlement and regulation of the Militia; or any other matter or thing, within the purview of this act, shall be, and is hereby repealed and made void, to all intents and purposes whatsoever.

XIX. Provided always, That nothing in this act contained, shall extend or be construed to extend to the inhabitants of the city of Williamsburg, so as to oblige them to muster, or serve in the militia, out of the said city: But that such inhabitants shall be listed and trained, in manner as is directed by one act of assembly, made in the ninth year of the reign of his late majesty king George the first, intituled, An act for enlarging the Jurisdiction of the Court of Hustings in the City of Williamsburg, within the limits thereof. Any thing in this act, to the contrary, or seeming to the contrary, in any wise, notwithstanding.