:

An ad for the better ordering of the militia forces in the feveral counties of that part of Great Britain called England.

WHEREAS well ordered and well-disciplined militia is

ef

nancy for the

The lieute

Sentially neceffary to the safety, peace and profperity of this kingdom: and whereas the laws now in being for the regulation of The King to the militia are defective and ineffectual; be it enacted by the iffue forth let King's moft excellent majesty, by and with the advice and con- ters of lieute feat of the lords spiritual and temporal and commonsin parliament respective assembled, That from and after the first day of May onethousand se-counties. ven hundred and fifty seven, his Majesty, his heirs and successors, may and shall issue forth commissions of lieutenancy for the respective counties, ridings and places herein after mentioned; and the respective lieutenants thereby appointed shall have full power and authority to call together all such persons, and to arm nants to affemand array them at fuch times and in such manner as is herein ble and arm after expressed; and such respective lieutenants shall from time the militia: to time constitute and appoint such persons as they shall think fit, qualified as is herein after directed, and living within their respective counties, ridings and places, to be their deputy lieutenants; the names of fuch persons having been first presented to and approved by his Majesty, his heirs or fucceffors; and shall give commiffions to a proper number of colonels, lieutenant colonels, majors and other officers, also qualified as is herein af ter directed to train and difcipline the persons so to be armed and : arrayed, according to the rules, orders and directions herein after provided; and shall certify to his Majesty, his heirs and fucceffors, the names of such commiffion officers, within one month after they shall be so appointed, and shall have accepted their respective commissions.

already grante

have the chief

:

II. Provided always, and be it enacted, That nothing herein : contained shall be construed to vacate any commiffion of lieu- Commiffions of tenancy already granted by his Majesty, nor any deputations lieutenancyand granted to deputy lieutenants; but that the same shall continue deputations in full force and vigour for the purposes of this act, so as the ed to stand faid deputy lieutenants be qualified as is herein after directed. good. IH. And be it enacted, That his Majesty's lieutenant of every county, riding or place shall have the chief command of the Lieutenants to militia thereof, which shall be raised by virtue of this act; and command of in every county, riding or place in England and Wales (except the militia!! as is herein after excepted) there shall be appointed twenty or Number of de more deputy lieutenants, if so many persons, qualified as is herein Duty fiente before and after expressed, can be therein found; and if twenty county. persons for qualified cannot be therein found, then there shall be appointed fo many persons as can be therein found; and each person so to be appointed a deputy lieutenant or colonel,: Thall

VOL. XXII. 343

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nants in each

1!

nant or colonel to have

Deputy lieute shall be seised or possessed, either in law or equity, for his own use and benefit, in possession of a freehold, copyhold or customary 400l. per ann. eftate for life, or for fome greater estate, or of an estate for fome or be heir to long term of years, determinable on one or more life or lives, 8ool. per ann. in manors, messuages, lands, tenements or hereditaments in

England, Wales or the town of Berwick upon Tweed, of the yearly value of four hundred pounds, or shall be heir apparent of some person who shall be in like manner seised or possessed of

a like estate as aforesaid, of the yearly value of eight hundred Lieutenant co- pounds; and each person so to be appointed a lieutenant colonel lonel or major or major, shall be, in like manner, seised or possessed of a 300l. per ann. like estate as aforesaid, of the yearly value of three hundred pounds, or shall be heir apparent of fome person who shall be, in like manner, seised or possessed of a like estate as aforesaid, of the yearly value of fix hundred pounds; and Captain 2001. each person so to be appointed a captain, shall be, in like manner, seised or possessed of a like estate as aforesaid, of the yearly value of two hundred pounds, or shall be heir apparent of some person who shall be, in like manner, seised or possessed of a like estate as aforesaid, of the yearly value of four hundred pounds, or shall be a younger son of some person who shall be, or, at the time of his death, was in like manner seised or poffeffed of a like estate as aforesaid, of the yearly value of fix hundred pounds; and that each person so to be appointed a lieutenant, shall be, in like manner, seised or possessed of a like estate as

per annum,

Lieutenant

100l. per an- aforesaid, of the yearly value of one hundred pounds, or shall be

num.

Enfign 50l. per annum.

One moiety of

the estates to

be within the county for which they ferve.

fon of fome person who shall be, or, at the time of his death, was in like manner seised or possessed of a like estate as aforesaid, of the yearly value of two hundred pounds; and each person so to be appointed an ensign, shall be, in like manner, seised or pofsessed of a like estate as aforesaid, of the yearly value of fifty pounds, or shall be son of some person who shall be, or, at the time of his death, was in like manner seised or possessed of a like estate as aforesaid, of the yearly value of one hundred pounds; one moiety of which faid estates, required as qualifications for each deputy lieutenant, colonel, lieutenant colonel, major, captain, lieutenant and ensign respectively, shall be situate or arifing within such respective county or riding in which he shall be fo appointed to serve.

IV. Provided always, and be it enacted, That for the purposes of the respective qualifications required by this act, the immediate reversion or remainder of and in manors, messuages, lands, tenements or hereditaments which are leased for one, two or three life or lives, or for any term of years determinable upon the death of one, two or three life or lives on referved rents, and which are to the leffee or lessees of the clear yearly value of three hundred pounds, shall be deemed equal to an estate herein before described as a qualification of the yearly value of one hundred pounds, and so in proportion, be the faid qualifications of a greater or less degree; any thing in this act contained to the contrary notwithstanding.

V. Provided always, and be it enacted, That any officer may Officers may be promoted on account of merit in the said militia, when called be promoted,

in extraordi

out and affembled, in case of actual invafion, or upon imminent nary occasions, danger thereof, or in case of rebellion, by the lieutenant of any on account of county, riding or place, from a lower to an higher commiffion, merit, inclufive of that of lieutenant colonel, notwithstanding he should not have the qualifications requifite for his first admittance into fuch higher rank of the militia.

VI. Provided, That no person, not having the qualification but none highherein before directed for a captain, shall be promoted to an er than caphigher rank than that of captain,

tains, who

VII. Provided also, That the qualifications above recited, to want a quali.

fication for

enable any person to be a deputy lieutenant, lieutenant colonel, that rank. major, captain, lieutenant or ensign, shall not extend to fuch Recited quali commissions as shall be granted by his Majesty's conftable of the cations not to tower, or lieutenant of the tower hamlets.

extend to the tower or tower

VIII. Provided always, and be it enacted, That his Majesty, hamlets. his heirs and successors shall from time to time, as he and they Deputy lieuteshall think fit, signify his and their pleasure to his and their nants and offi. lieutenants of any county, riding or place, to displace all or any cers may be such deputy lieutenants and officers; and thereupon his Majesty's displaced at respective lieutenants shall appoint others within the fame county, pleasure. riding or place, under the like qualifications, to serve in their ftead.

his Majesty's

clerk of the

IX. Provided always, and be it enacted, That every deputy Their qualifilieutenant and commission officer in the militia shall, within fix cations to be months next after he shall have accepted his commission, leave left with the with the clerk of the peace of the county, riding or place, in and peace, and fil. for which he shall be so appointed, his qualification in writing, ed. figned by himself; and fuch clerk of the peace is hereby required to enter the same upon a roll to be kept for that purpose; and every deputy lieutenant and commiffion officer shall, at some general quarter feffions holden for the county, riding or place for which he thall be so appointed, or in one of his Majesty's courts of record at Westminster, within fix months after he shall have accepted his commiffion, take the oaths appointed to be taken in and by an act passed in the first year of the reign of his They are to late majesty King George, intituled, An act for the further security &c. appointed of bis Majesty's person and government; and the fuccession of the by G. 1. ft. crown in the heirs of the late princess Sophia, being protestants; and 2. C. 13. for extinguishing the hopes of the pretended prince of Wales, and bis open and fecret abettors; and shall also make, repeat and subscribe the declaration in the faid act mentioned.

take the oaths,

X. And be it enacted, That if any person shall execute any 200l. penalty of the powers hereby conferred on deputy lieutenants, colonels, on deputy lieulieutenant colonels or majors (not being qualified as aforesaid) tenants, and or shall not, within the time herein before limited, deliver in such qualification, and take the oaths, and make, repeat and degree of cap

subscribe the declaration aforesaid, every fuch person shall forfeit and pay the fum of two hundred pounds; and if any person shall execute any of the powers hereby conferred on captains,

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lieu

all above the

and tool. on lieutenants or ensigns (not being qualified as aforesaid) and thal captains, and those under, not, within the time herein before limited, deliver in such quali acting if not fication, and take the oaths, and make, repeat and subscribe th qualified, &c. declaration aforesaid, every fuch person shall forfeit and pay th fum of one hundred pounds; such several penalties to be reco vered by action of debt, bill, plaint or information, in any o his Majesty's courts of record at Westminster, wherein no effoin wager of law or protection, or more than one imparlance shal be allowed; one moiety whereof shall go to the use of the perfor who shall fue for the fame, and the other moiety to the use herein after directed.

puty lieute

XI. Provided always, and be it enacted, That nothing in Peers exempt- this act contained shall extend, or be deemed or conftrued to ed ferving; but they and extend to oblige any peer of this realm to serve in the militia their heirs ap- personally, or by fubstitute; or to restrain his Majesty's lieuparent may be tenant of any county, riding or place from appointing any peer appointed de- of this realm, or heir apparent of any such peer, to be a deputy nants or com- lieutenant or commission officer in the militia within the county miffion officers. riding or place where such peer or heir apparent of such peer shal respectively have fome place of refidence ; or to oblige any peer of this realm, or heir apparent of fuch peer (so appointed a deputy lieutenant or commission officer respectively) to leave with the clerk of the peace for the county, riding or place for which he shall be so appointed, any qualification in writing as aforesaid; but it shall be lawful for every peer of this realin, or heir apparent of fuch peer so appointed and taking the oaths, and making, repeating and subscribing the declaration aforesaid, to act as a deputy lieutenant or commission officer respectively, although he shall not be seised or possessed of any fuch eftate in manors, messuages, lands, tenements or hereditaments, as is required by this act; any thing herein contained to the contrary notwithstanding.

A commiffion XII. Provided always, and be it enacted, That the acceptance does not vacate of a commission in the militia shall not vacate the feat of any a feat in par- member returned to serve in parliament.

liament.

At the end of XIII. And be it enacted, That his Majesty's lieutenant, 4 years, fuch a together with three or more deputy lieutenants of any county, number of of riding or place, and on the death, or in the absence of his Maficers to be dif- jesty's lieutenant, any five or more of them shall, at the end of charged. every four years, at their annual meeting, difcharge fuch a number of the officers of the militia (not exceeding one field officer of each regiment or battalion, and one third part of the whole number of officers of each inferior rank respectively) as thåll be equal to the number of persons who shall be fit and willing to ferve as officers in the militia of such county, riding or place, and shall be duly qualified for fuch ranks according to the directions of this act; and fuch lieutenant shall appoint fuch perfons to serve as officers in the room of the officers so difcharged as aforefaid.

XIV. And be it enacted, That his Majesty, his heirs and fucceffors may and shall appoint one proper perfon, who thall

6

have

ces to be ap

each regi

regiment;

bave served, or shall, at the time of such appointment, actually Adjutant from serve in some of his Majesty's other forces, to be an adjutant to the King's for. each regiment or battalion of militia in each county, riding or pointed to place respectively; and fuch adjutant shall, 'during his fervice in the said militia, preserve his rank in the army in the same manner as if he had continued in that service; and his Majesty, his heirs and successors may and shall also appoint, according to Serjeants to be the proportion of one ferjeant to twenty private men, two or appointed out of the army; more proper persons to be ferjeants to every company in the faid militia, out of and from his Majesty's other forces, fuch persons having served in the said forces for the space of three years next preceding their appointment to be serjeants as aforefaid, or may appoint such other persons to be serjeants as aforesaid, as have formerly served for the space of three years in his Majesty's faid forces; and the service in the militia of such persons so and to beintiappointed out of his Majesty's said forces, shall intitle them to tled to Chelsea the benefit of Chelsea hospital, in the fame manner as if they had hofpital. continued to serve in Serjeants apthe faid forces; and every person appointed pointed from to be a ferjeant as aforesaid, out of the penfioners on the establish- thence, to be ment of Chelsea hospital, shall be intitled to be put again upon re-admitted. the said establishment after he shall be discharged from the fervice of the militia, provided he brings a certificate of his good behaviour, under the hand of the colonel or commanding officer of the regiment or battalion in which he shall have served as aforesaid.

from being serjeants.

XV. And be it enacted, That no person who shall keep any Ale-househouse of publick entertainment, or who shall fell any ale, wine, keepers, &c. brandy or other spirituous liquors by retail, shall be capable of disqualified being or continuing a ferjeant in the militia. XVI. And be it enacted, That the number of private men Number of to be raised by virtue of this act, in that part of Great Britain, private men called England, the dominion of Wales and town of Berwick to be raised in upon Tweed (exclusive of the places herein after excepted) each county. thall be

For the county of Bedford, four hundred.

For the county of Berks, five hundred and fixty.

For the county of Bucks, five hundred and fixty.

For the county of Cambridge, four hundred and eighty.

For the county of Chester, with the city and county of the

city of Chester, five hundred and fixty.

For the county of Cornwall, fix hundred and forty.

For the county of Cumberland, three hundred and twenty.

For the county of Derby, five hundred and fixty.

For the county of Devon, with the city and county of the city

of Exeter, one thousand fix hundred.

For the county of Dorfet, with the town and county of the

town of Poole, fix hundred and forty.

For the county of Durham, four hundred.

For the county of Effex, nine hundred and fixty.

For the county of Gloucester, with the city and county of the

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city