Arms, ammu

each person failing to pay, or give security, as aforesaid, shall, by order of the said commanding officer, be tied neck and heels, and so remain for any time not exceeding twenty minutes.

VII. And be it further enacted, by the authority aforenition, &c. said, That every soldier belonging to the horse, be proto be provid- vided with a good serviceable horse, a good saddle, with ed by every breast-plate, crupper, and curb bridle, holsters, and a

soldier.

Pines for non-attendance, &c.

Time allowed for sol

case of pistols, cutting sword, or cutlace, and double cartouch box, and six charges of powder, and constantly appear with the same at time and place appointed for muster and exercise; aud shall keep at his place of abode, a well fixed carbine, with holt and swivel, one pound of powder, and four pounds of shot, and bring the same into the field with him when thereunto specially required. And that every foot soldier be provided with a firelock, musquet, or fuzee, well fixed, and bayonet fitted to such musquet or fuzee, or a good cutting sword or cutlace, a cartouch box, and three charges of powder, and appear constantly 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 shot, and bring the same into the field with him, when thereunto specially required.

VIII. And be it further enacted, by the authority aforesaid, That whatsoever soldier shall fail to appear at any 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, such soldier, for every such failure, shall be fined one hundred pounds of tobacco.

IX. Provided always, and be it enacted, That eighteen months time be given and allowed to each soldiers to fur- dier, to furnish and provide himself with arms and am

nish them

selves.

munition, 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, notwithstanding:-So as every soldier, during the said eighteen months, do appear at all musters with such arms as he is already furnished with.

X. And be it further enacted, by the authority afore- Fines on ofsaid, That every captain of a troop or company, who ficers. shall fail to appear at any muster or musters hereafter to be appointed, or appearing, fail and neglect to exercise the troop or company under his command, every such captain, for every such offence, shall be fined two hundred pounds of tobacco, And every lieutenant, cornet, or ensign, who shall at any time hereafter fail to appear at any such muster, and perform his duty thereat, shall forfeit and pay one hundred pounds of tobacco for every such offence.

XI. And for an encouragement of every soldier to Arms, horsprovide and furnish himself according to the directi- es, &o. exons of this act, and his security to keep his horse, arms, execution, empted from and ammunition, when provided, Be it enacted by the or distress. authority aforesaid, That the horses and 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 seized or taken by any manner of distress, attachment, or writ 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 liable to the suit of the party grieved: wherein double damages shall be given upon a recovery.

General

XII. And to the end, the militia of this his majesty's colony and dominion, being settled and armed, as afore- muster. said, 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 muster and exercise of all the Muster of troops and companies in his county, at one or more cavalry. place or places, or oftner, if there shall be occasion:And that every captain, once in every three months, muster, train, and exercise his troop or company, or oftner, if occasion require. Provided, that no officer or soldier be fined above five times in one year.

Limitation

of fines.

XIII. And be it further enacted by the authority afore- Disobedi said, That all soldiers, during the time they are in how punisharms, shall observe and obediently perform the commands of their officer, relating to their exercise, according to the best of their skill. And if any soldier, as aforeseid, shall, at any such muster, disobey his ofQ-Vol. 4.

Additional

or insurrec. tions.

ficers' commands, or behave himself disorderly or refractorily thereat, it shall and may be lawful for the chief commanding officer then present, to cause such offender to be tied neck and heels, for any time not exceeding twenty minutes. And if any such soldier shall thereafter offend, it shall and may be lawful for the said commanding officer, by a warrant under his hand, to commit such offender to the county goal, there to remain for any time not exceeding ten days: and that the said offender shall not be thence discharged, until he hath paid and satisfied all fees due, and accustomed for sherifs or goalers to take, upon any commitments and discharges.

XIV. And be it further enacted, by the authority apunishment foresaid, That if any soldier, upon occasion of an infor disobedi- cursion, invasion, insurrection, or rebellion, or other ence, in case alarm or surprize, shall be summoned to meet at a cerof invasions, tain time and place and shall fail to appear, such soldier shall be fined for his failure, the sum of ten pounds, current money; and the captain of such soldier so failing, is hereby required, at the meeting of the field officers and captains, herein after directed, to give an account, under his hand, of every such failure: And any soldier refusing to obey the lawful commands of his captain, shall and may be committed to the county goal, by warrant under the hand of his said captain; for three months, without bail or mainprize.

Proviso.

Penalty on officers.

Fines on sol

XV. Provided nevertheless, That the colonel, or commander in chief, have power to release, and discharge him in less time, if he see cause. And if any officer shall fail or neglect to appear on occasion of any such incursion invasion, insurrection, or rebellion, or other alarm, every such officer, so offending, shall be fined the sum of twenty pounds, current money, for every such failure.

XVI. And forasmuch, as some difficulty hath been diers, refus found in procuring some soldiers to be willing to serve ing to serve as serjeants, corporals, drummers, or trumpeters, all as corporals, of them absolutely necessary in troops and companies:

&c.

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 capble, and thercunto appointed by his captain, shall, for such his

refusal, be fined five hundred pounds of tobacco; which being once paid, he shall thereafter be exempted from being fined for any such refusal.

tains.

XVII: And to the end, no wilful and obstinate de- Delinquents faulter or offender may escape the penalty inflicted by to be report. this act, for his default or offence, Be it enacted by the ed, by cap. authority aforesaid, and it is hereby enacted, That all captains of troops and companies within this his Majesty's colony and dominion, be required, and every of them is hereby strictly required and enjoined, at every muster, 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 said 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, to the field officers and captains, at their next meeting for the fining offenders. XVIII. And be it further enacted, by the authority Courts maraforesaid, That the field officers and captains of every county, or the major part of them, whereof the colonel, lieutenant-colonel, or major, shall be one, have full power and authority to meet yearly, at the courthouse in their respective counties, on the first Thursday in October; or, in case of failure in meeting that day, on the next Thursday following, to inspect the several lists or accounts given in by the captains, as aforesaid, and thereupon to fine every defaulter or offender therein charged, according to the directions of this act,

tial.

XIX. Provided always, That nothing in this act con- Limitation, tained, be construed to give any power or authority to of fines. the said field officers and captains, to meet or act, as aforesaid, at any other place or times, than the place and times aforesaid; or to fine 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 herein before contained to the contrary, in any wise, notwithstanding.

admitted.

XX, And, because several persons may happen to be Excuses, charged with a default or offence in their captains said when to be lists 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, That whensoever any officer or soldier, charged with any default or offence, as aforesaid, can and

Fines levied by distress.

If no proper

may issue.

doth shew forth to the said field officers and captains, at their meetings to fine offenders, as aforesaid, such matter and cause that he ought not to be fined for the same, as they shall judge reasonable, it shall be lawful for the said field officers and captains, and they are hereby required to admit of such officer's and soldier's excuse, and to lay no fine upon him for such default or offence; any thing in this act contained to the contrary, notwithstanding.

XXI. And be it further enacted, by the authority ad foresaid, That where any person on whom any fine shall be laid or assessed, by virtue of this act, by the said field officers and captains, shall fail or refuse to ty; an execu- pay the same to the sheriff, in specie, upon sight of a tion against copy of their order, in such case, the sheriff is hereby the body required to apply to the chief commanding officer, residing in the county, who thereupon is hereby impowered and required to make out his warrant, directed to the said sheriff impowering and commanding him to levy the same by distress and sale of the offender's goods, and make return of his proceedings, to the clerk attending the said officers at their meeting; to be by him entred on the register. And if upon such warrant, the sheriff shall return, that he can find no goods whereon to make distress, then it shall and may be lawful, to and for the chief commanding officer residing in the county, and he is hereby authorized and required, by warrant under his hand, directed to the sheriff, to cause the body of the said offender to be committed to the county goal, without bail or mainprize, until he shall satisfy the same fine, and all fees incident, in the same manner, as in executions served at common law.

Clerk of courtmar

XXII. And be it further enacted, by the authority aforesaid, That the said field officers and captains have tial, how ap- full power and authority to appoint and employ a clerk pointed and to attend them at their said meetings, and to keep a paid, register of all their proceedings; and to allow the said clerk such salary, 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 penalties and fines accruing by this act.

XXIII. And be it further enacted, by the authority aFines, how foresaid, That the said field officers and captains, at appropria their meetings, as aforesaid, have full power and au

ted.