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little prospect of having revived in any reasonable time, it is judged necessary, in the present time of danger, that the remainder of the Militia not included in the Minute-Men should be armed, accoutred, trained, and disciplined, in the best manner the circumstances of the Country will admit of, Be it therefore ordained, That in each County within this Colony there shall be a County Lieutenant, Colonel, Lieutenant-Colonel, and Major, to be commissioned by the Committee of Safety upon the nomination of the Committees of the respective Counties; that all free male persons, hired servants, and apprentices, above the age of sixteen and under fifty years, except such as are hereafter excepted, shall be enlisted into the Militia by the Commander-in-Chief of the County, and formed into Companies of not less than thirty-two nor more than sixty-eight, rank and file, to be placed under one Captain, one Lieutenant, and one Ensign, all of whom shall be commissioned by the Committee of Safety, upon the nomination of the Committees of the Counties as aforesaid. And the Commander-in-Chief of each County shall, within three months after passing this Ordinance, deliver to each Captain a list of the names of the men appointed for his Company; and every Captain receiving such list shall summon his Company to meet within a fortnight, at such convenient time and place as he may appoint, in order to lay a proper foundation for training and disciplining them in the most effectual manner. Provided, That the Members of his Majestys Council, and the Committee of Safety, the President of the Convention, Treasurer, Attorney-General, Auditor, Clerk of the Council, Clerk of the Secretarys Office, Clerk of the General Convention, and Clerk of the Committee of Safety, (each of which exempts furnishing a stand of Arms for a Soldier,) all Clergymen and dissenting Ministers, the President, Professors, Students, and Scholars of William and Mary College, the Keeper of the publick Jail, all Overseers of four tithables residing on a Plantation, and all Millers, and persons concerned in Iron Works, shall be exempted from such enlistment. And be it further ordained, That if any Commander-in-Chief of any County shall fail to do his duty as above directed, he shall forfeit and pay the sum of two hundred Pounds. And be it further ordained, That every Militia-Man so to be enlisted shall furnish himself with a good Rifle, if to be had, or otherwise with a Tomahawk, common Firelock, Bayonet, Pouch, or Cartouch-Box, three charges of Powder and Ball, and appear with the same at the place appointed for mustering, and shall constantly keep by him one pound of Powder and four pounds of Ball, to be produced whenever called for by his Commanding Officer. Provided, always, That no person shall be subject to the penalties hereby inflicted, for the not providing or producing the quantity of Powder required, who shall make it appear to the Court-Martial that he has used his best endeavours to procure such Powder, and hath not been able so to do; also, that if it be certified by a Court-Martial that any Soldier enlisted is so poor as not to be able to purchase the Arms as aforesaid, then such Arms shall, by order of the Committee of the County, be procured so soon as may be, at the expense of the publick. And if any person shall presume to sell or buy any Arms thus provided, he shall forfeit and pay the sum of six Pounds; and all Arms so purchased and delivered to any such poor Soldier shall, on his death or removal out of the County, be delivered to the chief Officer of the Militia in the County, or to the Captain of the Company to which such poor Soldier did belong, to be by such Officer delivered to any other poor Soldier whom the Commanding Officer shall adjudge unable to provide himself with Arms as aforesaid. And be it further ordained, That there shall be a Private Muster of the several Companies in each County once a fortnight, except in the months of December, January, and February, and the Officers and Soldiers shall be on the place appointed by ten oclock in the forenoon; and moreover, there shall be a General Muster in every County in the months of April and October in each year, and the Officers and Soldiers shall appear on the parade by eleven oclock in the forenoon. And be it further ordained, That if any Officer, when on duty, shall misbehave, he shall be subject to the censure of a Court-Martial, who shall, if they see cause, certify such misbehaviour to the Committee of the County, City, or Borough, by whom such Officer was nominated, who shall have full power to displace or remove such Officer from his post, if they shall judge it expedient for the good of the publick; and if any Soldier shall, at any General or Private Muster, refuse to obey the command of his Officer, or shall behave himself refractorily and mutinously, or misbehave himself at a Court-Martial, it shall and may be lawful for the Commanding Officer then present to cause such offender to be tied neck and heels, for any time not exceeding five minutes. And be it further ordained, That every Captain, or in his absence the next Commissioned Officer, shall make return of all delinquencies in his Company, either at General or Private Musters, to the next Court-Martial; and the better to enable him so to do, the senior Sergeant, being first sworn by a Magistrate, shall act as Clerk, and call over the Roll at each Muster. And the Lieutenant, or other chief Officer of the Militia, shall and may order the other Officers and Soldiers under him to go armed to their Parish Churches on Sundays, and to any licensed Meeting-Houses, whenever he judges it necessary. And be it further Ordained, That it shall and may be lawful for the Field-Officers and Captains of every County, or the major part of them, whereof a Field-Officer shall be one, and they are hereby required to meet at the Court-Houses of their respective Counties the day next following the General Muster in the months of April and October, in every year, if fair, if not, the next fair day, then and there to hold a Court-Martial; which Court shall have power to adjourn from day to day, and to inquire of the age and abilities of all persons enlisted, and exempt such as they shall adjudge incapable of service, and of all delinquents returned by the Captains for absence from Musters, or appearing without Arms, Powder, or Ball. And the said Court, the better to conduct the business before them, shall and may appoint a Clerk, to whom the President of the Court shall administer an oath, well and faithfully to perform the duties of his office; and the said Court shall allow such Clerk, so appointed, such salary as they may judge his services entitle him to. And every County Lieutenant, or the next officer in command, if the Lieutenant should be absent on necessary business, failing to appoint a General Muster, as before directed, shall forfeit and pay one hundred Pounds; and every Colonel, Lieutenant-Colonel, or Major, failing to appear with their proper Arms at any General Muster, shall forfeit and pay ten Pounds; and every Captain failing to muster and exercise his Company once in every fortnight, except as before excepted, shall forfeit and pay forty Shillings for every neglect; and failing to appear at any General Muster, shall forfeit and pay fifty Shillings; every Lieutenant failing to appear at any Muster, twenty Shillings; and every Ensign, for the like failure, the sum of twenty Shillings; and every Soldier not appearing, or appearing without proper Arms, five Shillings; or for not bringing with him three charges of Powder and Ball, three Shillings; or failing to bring into the field, when required by his Commanding Officer, one pound of Powder and four pounds of Ball, five Shillings. And every Captain, or in his absence from muster the next commanding officer, failing to return the list of the persons who shall not appear at Muster to the Courts-Martial, or who shall appear without proper Arms, Powder, and Ball, shall forfeit and pay ten Pounds; provided, if the person so failing shall, at the next Court-Martial, or, in case of his inability to attend, at the succeeding Court-Martial, offer a reasonable excuse for any such delinquencies, such excuse shall and may be admitted, and the party complained of discharged of all and every the penalties aforesaid. And be it further ordained, That the Captain of each Company shall and may appoint one Drummer and one Fifer, who shall be paid for their attendance the same as is allowed in the Minute service; and the said Captains shall provide Drums, Fifes, Colours, and Halberds, at the publick expense, to be reimbursed out of the fines; and every Clerk of a Court-Martial shall deliver a list of the fines imposed by the Court-Martial to the Collector, within twenty days, under the penalty of one hundred Pounds, to be imposed by the next succeeding Court-Martial. And be it further ordained, That every Officer of the
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