« ZurückWeiter »
Shall be levied by distress and sale of his ners may do by the act 22° Geo. II. goods, by warrant under the hand and 26. If a Quaker shall be so chosen by feal of the justice or justices. For want of lot, and shall refuse or neglect to take distress, the offender shall be committed the oaths, and to serve in the militia, to the house of correction for one month. or to provide a substitute as aforesaid,
22. The deputy - lieutenants, &c. the deputy-lieutenants and justices shall, fhall yearly cause new lifts be made upon reasonable terms, hire a fit perfon out, and returned to them, at their an. to serve as his substitute ; and fhall, by nual meetings in the subdivisions; and distress and sale, as aforesaid, of the fhall, every third year, appoint the num- Quaker's goods, levy a sum neceffary ber to serve for each parish, and cause a to defray the expence of hiring the sub. fufficient number be chosen by lot, in the ftitute. If any oppressive measures bę room of those who shall have served three used in making the distress, the Quaker years, or fall be discharged; which may complain to the deputy-lieutenants persons fo chosen thall take the oaths, and justices, at their next meeting; who and be inrolled in manner aforesaid ; so are required to hear and finally deter. that by rotation all persons not excepted mine the complaint. may serve personally, or by substitute, 27. Within one month after the rolls for three years. No militia-man shall, are recurned, (as directed $ 22.), the lieu. by having served as a substitute, be tenant and deputy-lieutenants, or any excused from serving for himself when three or more of the latter, shall meet, chosen. The deputy.lieutenants, &c. and form the militia for the respective shall transmit to the lieutenant copies of counties, into regiments, confifting, the rolls, within fourteen days after where che number of men will admit, their meetings for that purpose. If any of twelve, but in no case of less than chief constable or constable shall refuse seven companies, of forty men each at or neglect to return the lists, or to com least, of persons living as near to each ply with any orders which he shall re- other as conveniently can be; and shall ceive in pursuance of this act, or shall, post to each company proper commis. in making such return, be guilty of any fion and non-commission officers. The fraud or wilful partiality, the deputy- militia shall be exercised in manner fol. lieutenants and justices (a quorum of lowing, viz. in half-companies, on the them) are required to imprison fuch of- first Monday in March, April, May, fender in the county-gaol for one month; June, July, Auguft, September, and or, at their discretion, to fine him in a O&ober, and in companies, on the sum not exceeding 5 l. nor under 40 s. ; third Monday in the said months, at to be levied by distress and sale of the each place of exercise, or so many, not offender's goods, as aforesaid.
amounting to half companies or com23. No private man serving for him- panies respectively, as can be co self in the militia, hall, during such niently brought together; and in regiservice, be liable to do personally any ments or battalions, on the Tuesday, itatute-work, or to serve as a peace or Wednesday, Thursdey, and Friday, in parish officer, or to serve in the land. Whitsun week, every year, at places of forces unless he consent.
exercise to be appointed by the lieute. 24. No person having served person, hant and deputy-lieutenants as afore. ally or by substitute three years in the said, as convenient with regard to the militia, ihall be obliged to serve again, abodes of the men as may be, and so until, by rotation, it comes to his turn. as they shall not be obliged to go above
25. Every married man having per- fix miles from home to be exercited in fonally served in the militia when called half or whole companies. Notice of out in cases of invasion or rebellion, may the places of exercise to which the mifet up and exercise any trade he is fit for, litia-men of each parish are to resort, in any town or place in G. Britain or shall be sent to the chief constables, with Ireland, as freely as foldiers or mari directions to forward the same to the
constables, who shall cause such notice appoint, the arms, cloaths, and accou to be fixed on the respective parish- trements of his company. The church church doors. Thę militia-men mall wardens of every parish where the arms, duly attend at the times and places so &c. are deposited, shall provide, at the to be appointed. The lieutenant shall, expence of the parish, one cheft, in which from time to time, appoint a clerk, and the captain, or the person he appoints, a sejeant-major out of the serjeants, and shall keep the arms, in fome dry part a drum-major out of the drummers, to of his house, and another chest, in which each regiment or battalion.
he shall keep the cloaths and accoutre, 28. If any five or more of the prin- ments, both under lock and key. The cipal inhabitants of any parish shall re- ferjeant, or other person appointed to present to the lieutenant, or to the de. exercise the men, shall take care, that, puty-lieutenants and justices, at any after exercise, every militia-man clean meeting in their subdivision, that, on and return his arms, cloaths, and accouaccount of fairs or markets, it is in- trements. convenient to exercise the militia on the 33. The King's lieutenant, or the day appointed by this act, it shall be colonel of any fuch regiment, is autholawful for the meeting to order the mi- rised, by warrant under his hand and litia of that parish, to be exercised on a. seal, to employ fuch persons as he shall ny other day of that week, Sunday ex- think fit, to seize and remove the arms, cepted.
cloaths, and accoutrements of the mili, 29. In any county where the number tia, when he judges it necessary to the of men to be raised shall not amount to peace of the kingdom, and to deliver feven companies, and therefore not be them into the custody of such persons fufficient to form a regiment, such com as he shall appoint to receive them, for panies fall be formed into a battalion, the purposes of this act. under the command of the lieutenant; 34. If any ferjeant, or other person and shall have one field-officer, one ad. fo intrusted, shall deliver out any arms, jutant (not of higher rank in the army cloaths, or accoutrements, belonging to than a subaltern), ene ferjeant-major, the militia, unless for exercising the men, one drum-major, and one clerk. The or by command of his superior officer, whole militia of such county shall be or by order of a justice of peace; it shall exercised on the four days in Whitsun be lawful for any two or more justices, week, in the fame manner as regiments to commit the offender to the county in other counties.
gaol, for any time not exceeding fix 30. Where, by reason of distance months. from the place of exercise, a whole or 35. No pay, arms, accoutrements, half company cannot be got together, or cloathing, shall be issued, and no adthe lieutenant and deputy - lieutenants jutant, or ferjeants, shall be appointed, shall order such smaller numbers to be for the militia of any county, till it ap-. exercised by such person, and in such pear, by a return signed by the lieut place, as they shall think fit.
nant, or in his absence by three deputy31. One commission-officer in every lieutenants, that four fifths of the men company shall attend the exercise of his have been chosen, and that four fifths men, when in whole or half companies, of the commission-officers have been apas often as convenient, and shall then pointed, and have taken out their cominspect the state of their arms, cloaths, missions, and entered their qualifications. and accoutrements, and transmit a re 36. The ferjeant, or other person port thereof to the lieutenant, or the appointed to discipline the militia-men, conimanding officer of the regiment or shall call over their names when exer.' battalion.
cised ; and shall certify, in writing, to 32. Every captain fhall keep in his fome neighbouring justice of the peace, own cuftody, or deposit with the ser. within one week after every exercise, jeants, or with such persons as he shall the names of the absent, with the reaVOL. XIX.
fons of their absence, if known to him, of the peace, of any militia-man's not and also if any of them be disobedient, having fo returned his arms, claaths; or otherwise misbehave themfelves; and and accoutrements," he fhall, on conthe justice, 'on proof made upon oath of viction as aforesaid, forfeit 20-s. to be fuch absence, insolence, or misbeha. levied, if he refuse immediately to pay, viour, shall fine the offenders respective- by distress, and fale of his goods. ly in the sums following and if they 38. If any non-commilion officer or refufe immediately to pay the fines, thall private man of the militia, shall be abe order them to be set in the stocks or sent from the annual meeting, without com micted to the house of correction juft cause shewn, he shall, on convice for the spaces of time respectively after- tion upon oath before. one or more ju: mentioned as alternatives in case of such ftices of the peace, forfeit to s. for each non-payment, viz. for being absent day's abfence; and if he refufe imme: from exercise, if the justice shall nor diately to pay, fhall be committed to allow of the excuse ; for the first of the house of correction for one month. fence, 2 s. or one hour in the stocks ; 1999. If any non-commifhor officer for the fecond, 4 s. or four days in the shall be negligent in his duty, os infohouse of correction ; for the third, and lent or rdisobedient to the adjutants or every other offence, 6 s. or any time other his superior officer, he shall, upnot exceeding one month in the house on conviction as aforesaid by the path of correction, or until the fine be paid : of the adjutant or other superior officer, -- for being dronk at the time of exer- forfeit a fum not exceeding 30 s. at the cifing, 10 s. or one hour in the stocks : discretion of the justice or justices; and im for being disobedient or infolent to if he refuse immediately to pay, ishall their officer; for the first offence, į s. be committed to the houfe of correc6 d. or four days in the house of cor. tion for fourteen days ;n and the King's rection ; for the second offence, 5 s. or lieutenant may discharge him out of the seven days in the house of correction ; militia. and for the third, and every other of 40. If any person shall knowingly fence, 40 s, or any time not less than and willingly buy, take in exchange, fourteen days nor exceeding one month conceal, or receive, contrary to the in the house of correction :
meaning of this act, any arms, cloaths, pawning, or losing, any of their arms, or accoutrements, belonging to the mi. cloaths, or accoutrements, a fum not litia, he shall, on conviction as afore. exceeding 3 l. or one month in the house faid, forfeit, for every such offence, sh; of corre&ion, and until satisfaction be which, if he refuse immediately to pay, niade for the fine, or three months if thall be levied by distress, and sale of the offender shall not be of ability to his goods; and, for want of distress, he make fuch fatisfaction: and for refu. shall be committed to the county-gaol fing or neglecting to return their arms, for three months, or publicly whipped, cloaths, and accoutrements, in good or at the discretion of the justice or justices. der, to the captain, or the person ap 41. No officer or private man of the pointed to receive them ; for refusing or militia shall be liable to any penalty for neglecting fo to retorn them, on the day absence, while going to vote at, or reof exercise, or the next day, 2 s. 6 d. turning from an election of a member or leven days in the houfe of correction; of parliament. and for refusing or neglecting so to re 42. All muskets delivered for the mi. curn them on or before the Monday af- litia, shall be marked distinctly with the ter Whitfun week, 5 s. or fourteen days letter M, and the name of the county in the house of correction.
to which they belong. 37. If the serjeant, or other perfon 43. The ferjeants Thall receive all the appointed to receive the arms, &c. fhall orders with respect to training the mili. refuse or neglect to complain within tia-men, from the adjutant, and their three days to some neighbouring justice superior officers; and shall report to
them, or to some civil magistrate, as the tion as will not expire in fourteen days, cafe shall require, all crimes and mis- it shall be lawful for his Majesty to issue demeanors of their men.
a proclamation for its meeting upon such 44. All chief and petty conftables, day as he hall appoint, giving fourteen and other such officers, shall be aiding days-notice ; and it hall meet accord to all to whom any power is given by dingly, and fit and act. this act, in the execution of the premisses. 47. No officer in the militia, when
45: In case of actual invafion, or up. called out into actual service, Ahall sit in on imminent danger thereof, or in case any court-martial upon the trial of any of rebellion, it fall be lawful for his officer or foldier in the other forces; nor. Majesty, (the occasion being first com. shall any officer in the other forces fit municated to parliament, if then fitting, in any court-martial upon the trial of or declared in council, and notified by any officer or private man in the militia, proclamation, if no parliament be then 48. It shall be lawful for the mayors, sitting or in being), to order his lieute- bailiffs, conftables, and other chief nants, and in their absence, any three magiltrates, and officers of cities and pr more deputy-lieutenants, with all other places, and, in their default or convenient speed, to draw out and em- absence, for any justice of peace near body all the regiments and battalions of any such place, and for no others, and militia of their re Etive counties, or they are required, to billet the officers fo many of them as his Majesty shall and private men in the militia, when jadge necessary; to put them under the called out to annual exercise, in inns, command of such general officers as he livery - ftables, alehouses, victualling Thall appoiot; and to direct them to be houses, and all houses of retailers of led into any parts of this kingdom, for brandy, strong waters, cyder, or me, fuppreffing such invasions or rebellions. theglin. From the time of their being so drawn 49. In case of invasion of rebellion put and embodied, till they be returned as aforesaid, it shall be lawful for any again oto their respective places of a- justice of the peace, if required by an bode, they shall remain under the com- order from his Majesty, his lieutenant, mand of such general officers, and be or any deputy-lieutenant, or from the ịntitled to the same pay, and be liable colonel, or other chief commiffion-offi
to the same articles of war, as the other cer upon the place, of any regiment, -pegiments of foot; and the officers shall company, or detachment of militia, to mank with those of the other forces of issue his warrant to the chief conttaequal degree with them, as the young, bles or constables of the places from, eft of their rank. Every non-commit- through, near, or to which, any such fion-officer or private man of the mili. regiment, &c. fhall be ordered to tia who fall be maimed or wounded in march, to provide such carriages for actual fervice, shall be intitled to Chel- the arms, cloaths, accoutrements, and fea-hospital, equally with those of the warlike materials, with able men to other forces. If any miliția-man so drive them, as shall be mentioned in ordered to be drawn out and embo. the order ; but if sufficient carriages and died (not labouring under any infir- men cannot be got within such county mity incapacitațing him to serve) fall or place, then the next justice shall, upnot appear, and march, he mall, on on fuch order being shown to him, issue conviction upon oath, before two or his warrant for making up such defimore justices of peace, forfeit 401. and ciency of carriages: and the lieutenano; if he refuse immediately to pay, Mall be deputy-lieutenant, or officer, who thall committed to the county-gaol for twelve so demand such carriages, shall pay months, or until he pay.
down in hand to the chief constable or 46. In case of invasion or rebellion constable, upon his receipt, for the use as aforesaid, if the parliament be sepa- of the person who shall provide such fated by such adjournment or proroga, çarriages and men, for a waggon with
3 E 2
five horses, or a wain with fix oxen, ed of one of 2001. ; and an ensign fhall or four oxen and two horses, 1s. and be possessed of an eftate of 50l. or be
cart with four horses, 9 d. per son of a person pofleffed or who shall mile ; and so in proportion for carriages have died poffefsed of one of 1col.; drawn by fewer horses or oxen. Persons one half of which eftates fhall be within having carriages, are required, when fo the faid counties refpe&tively.' The ordered, to furnish them for one day's' penalties for acting in these counties, journey, and no more. If the chief con- not being qualified, &c. as aforesaid, ftables or conftables shall be at any char. shall be, for a deputy: lieutenant, or fieldges for such carriages over and above officer, 100 l. and for a captain, lieuwhat is so received by them, the overplos tenant, or ensign, sol; to be recovered fhall be repaid to them, without fee or and applied as before directed with rereward, by the treasurer of the county. spect to other counties. Two deputy
50 If any chief constable or con- lieutenants within the said counties shall ftable shall wilfully neglect or refuse to have all the powers conferred by this-act execute any such warrant; or if any on three deputies, or on two deputies person appointed by the chief constable with one justice, or on one deputy with or constable to provide any such car. two juftices, in any other county. riage and man, shall wilfully neglect or 53• 54. direct the ordering the milirefuse to provide the same; every such tia in the isle of Wight, and in the ioffender shall forfeit a sum not exceed- fland of Purbeck. The governor is to ing 40 s. nor less than 20 s. to the use act in the isle of Wight as the King's of the poor of the parih ; the offence lieutenants do in counties, and the mishall be determined by two justices of litia of it are to be deemed a part of the peace; and the penalty shall be le- the militia of Southampton. In Purvied by distress and sale of the offend. beck, 80 are to be raised, part of the
640 appointed for Dorfet county. 51. This act shall not extend to the 55. In all cities or towns which are giving any power for transporting any counties within themselves, and have of the militia of this realm, or compel- been heretofore impowered to raise ai ling them to march out of this kingdom. feparate militia, and are by this act u.
52. In the counties of Cumberland, nited with any county, for the purposes Huntingdon, Monmooth, Westmore- of this act only, the King's lieutenant, land, and Rutland, and in every coun. or where there is no lieutenant, the ty in Wales, the lieutenant shall have chief magiftrate, shall appoint five or the chief command of the militia ; in more deputy - lieutenants (if so many each of these counties five or more de. qualified as after expreffed can there. puty-lieatenants shall be appointed, if in be found), and officers of the militia; so many, properly qualified, can be whose number and rank shall be protherein found, and the estates requisite portionable to the number of militia of for the qualification of the deputy-lieu- the city or town, as their quota towards tenants, and militia-officers, shall be the militia of the county. All the as follows. A deputy-lieutenant or co- powers and provisions in this act relalonel shall be poffefsed of an estate of ting to counties at large, shall take place 300 l. a-year, or be heir-apparent of one with respect to the said cities and towns, of 500 l. ; a lieutenant-colonel or ma. except as to the particulars here exprefjor shall be possessed of an estate of 2col. sed ; viz. Two deputy lieutenants withor be heir-apparent of one of 400 1.; a in such city or town thall have all the captain shall be possessed of an estate of powers conferred on three deputy lieu. 1501. or be son of a person possessed or tenants, or on two deputy - lieutenants who shall have died poffefsed of one of with one justice, or on one deputy-lieu300l. ; a lieutenant shall be poffeffed of tenant with two justices, of any county an estate of 100l. or be son of a person at large ; and the value of the qualifiposlefied or who shall have died poflefl- cations thall be as follows. Every de