forfeits 20 s.

militia man so changing the place of his abode, shall not give On neglect of notice as aforesaid, fuch militia man so neglecting, and thereof giving such convicted on oath before one or more justice or justices of the notice, he peace, shall forfeit and pay the sum of twenty thillings; and if such offender shall refuse immediately to pay such penalty, it shall be levied by distress and fale of his goods and chattels, by warrant under the hand and feal, or hands and seals of such juftice or juftices, rendering the overplus (if any) on demand, after deducting the charges of fuch distress and sale to such offender, upon whom such distress shall have been made as aforesaid; and for want of such distress, such justice or justices shall commit such offender to the house of correction, there to be kept to hard labour for the space of one month.

and returned

the

XXII. And be it enacted, That the said deputy lieutenants, New lifts to or any three or more of them, or any two deputy lieutenants, be made out, together with any one justice of the peace, or any one deputy to the deputy lieutenant, together with any two justices of the peace in the lieutenants at several fubdivisions, shall yearly cause new lists in the several their annual parishes, tythings or places within the fame, to be made as is meetings; before directed, and to be returned to them at their faid annual meetings in the several fubdivisions; and shall in every third and every year appoint what number of persons shall serve for each parish, third year, tything or place; and shall cause a sufficient number of perfons men to ferve to be chosen by lot, in the room of such persons as shall have is to be apserved three years, and of those who shall have been discharged, pointed, and which persons so chosen shall take the faid oaths, make, repeat cho chosen by lot, and subscribe the faid declaration, and be inrolled in manner aforesaid, so that by rotation all persons not excepted by this act, living in such parishes, tythings or places, may serve personally or by substitute, for the space of three years; and shall be fubject to, and under the directions, provifions and penalties in this act contained; and no militia man having served as a substitute, No substitute shall by such service be excused from serving for himself, when to be excused he shall be chosen by lot as aforesaid; and the said deputy lieu- from serving tenants, or any three or more of them, or any two deputy lieu- for himself. tenants, together with any one justice of the peace, or any one rolls to be deputy lieutenant, together with any two justices of the peace, tranfmitted to shall tranfmit to his Majesty's lieutenant true copies of the said the lieuterolls, within fourteen days after their respective meetings for that nant. • purpose; and if any chief conftable, or other officer of any hundred,

not ex

gether with any one justice of the peace, or any one deputy lieutenant, together with any two justices of the peace, are hereby impowered and required to imprison in the common gaol of the

may be impri- respective county or place, such chief conftable or other officer foned for one of any hundred, rape, lath, wapentake, or other division; or month, or fin- such constable, tythingman, headborough, or other officer of any ceeding 51. parish, tything or place; there to be kept without bail or mainnor under 40s. prize for the space of one month, or at their difcretion, to fine fuch officer in any fum not exceeding five pounds, nor under forty fhillings; such fine to be levied by distress and fale of the offender's goods and chattels, by warrant under the hands and feals of any three or more deputy lieutenants, or of any two deputy lieutenants, together with any one justice of the peace, or of any one deputy lieutenant, together with any two justices of the peace, rendering the overplus (if any) on demand, after deducting the charge of such distress and fale, to such officer upon whom such distress shall have been made as aforesaid.

Private man ferving for himself is exempted from feveral duties and offices.

None having ferved three years, is liable

XXIII. Provided always, and be it enacted, That no private man, personally ferving for himself in the faid militia, during the time of his ferving as a militia man, shall be liable to do personally any highway duty, commonly called ftatute work, or to ferve as a peace officer or parish officer; nor shall such private man be liable to serve in any of his Majesty's land forces, by virtue of any act for recruiting his Majesty's land forces, unless he shall consent thereto.

XXIV. Provided always, That no person having personally or by substitute served three years in the militia, shall be obliged

to ferve again to ferve again, until by rotation it comes to his turn.

but in rotation.

XXV. And be it enacted, That every man having personally served in the militia, when called out and assembled in case of The fame li- actual invasion, or upon imminent danger thereof, or in cafe of berty granted rebellion, and being a married man, may fet up and exercise any men, if called such trade as he is apt and able for, in any town or place within out in cafes of the kingdoms of Great Britain and Ireland, without any let, fuit or publick dan- moleftation, of any person or persons whatsoever, for or by ger, to fet up reason of the using of fuch trade, as freely, and with the fame trades,

provifions, and under the same regulations, and with the like exception in respect to the two universities of that part of Great Britain called England, as any mariner or foldier may do, by an as by 22 Geo. act passed in the twenty second year of his Majesty's reign,

2. C. 44. is granted to mariners or

foldiers.

If a Quaker be chofen and refuse to serve, or provide a

fubstitute,

intituled, An att to enable such officers, mariners and foldiers, as have been in his Majesty's service since his accession to the throne, to exercise trades.

XXVI. And be it enacted, That if any person, being one of the people called Quakers, shall be chosen by lot to ferve in the militia, and shall refuse or neglect to appear and take the oaths, and make, repeat and subscribe the declaration aforesaid, and to serve in the faid militia, or to provide a substitute, to be appointed as aforesaid, who shall take the faid oaths, make, repeat and subscribe the said declaration, and subscribe his consent to serve as the substitute of such Quaker; then and in every such cafe,

any

and levy the

any three deputy lieutenants, or any two deputy lieutenants, Deputy lieutogether with any one justice of the peace, or any one deputy tenants are to lieutenant, together with any two justices of the peace, shall, provide one, upon as reasonable terms as may be, provide and hire a fit per- expence by difon, who shall take the said oaths, make, repeat and subscribe stress and fale. the faid declaration, and subscribe his consent to serve in the said militia for the space of three years, as the substitute of such Quaker; and any three deputy lieutenants, or any two deputy lieutenants, together with any one justice of the peace, or any one deputy lieutenant, together with any two juftices of the peace, are hereby impowered and required to levy by distress and fale of the goods and chattels of such Quaker, by warrant under the hands and feals of any three deputy lieutenants, or any two deputy lieutenants, together with any one justice of the peace, or any one deputy lieutenant, together with any two justices of the peace, such fum or fums as thall be neceffary to defray the expence of providing and hiring such perfon to serve in the faid militia for the space of three years, as the substitute of fuch Quaker so refusing or neglecting as aforesaid, rendering the overplus, if any, after deducting the charges of such distress and sale, to fuch Quaker, upon whom such distress shall have If oppreffive been made as aforesaid; and in case any measures shall be used measures be in making distress as aforesaid, which may be by any fuch ing the diQuaker thought oppressive, it shall be lawful for fuch Quaker to stress, Quaker complain thereof to the deputy lieutenants and justices of the upon compeace at their next meeting, who are hereby impowered and re- plaint, to be quired to hear and finally determine the fame.

in mak

redressed.

XXVII. And be it enacted, That within one month after within one the faid rolls are so returned from the deputy lieutenants, and month after juftices of the peace as aforesaid, his Majesty's lieutenant, to- return of the gether with any two or more deputy lieutenants, or in the ab- rolls, the lieufence of the said lieutenant, any three or more deputy lieutenants deputy lieufhall meet together, and form and order the militia for their re- tenants are to spective counties, ridings or places, into regiments, confifting, meet, and where the number of militia men will admit the fame, of twelve, form the mibut in no case of less than seven companies, of forty men each litia into regi: at the least, of persons living as near to each other as conveniently can be; and shall poft to each company proper officers and post procommiffioned and qualified as aforesaid, and other proper non- per officers to commission officers; and the militia fo formed and ordered shall each compabe trained and exercised in manner following; that is to say, In ny. half companies on the first Monday in the months of March, training and April, May, June, July, August, September, and October, and in exercising the companies on the third Monday in the said months, at each place militia. militia. of exercife, or fo many, not amounting to half companies or companies respectively, living within the distances herein after mentioned, as can be conveniently brought together; and in regiments or by battalions on the Tuesday, Wednesday, Thursday and Friday in Whitsun week, in every year, at places of exercife to be appointed within the respective counties, ridings or places by his Majesty's lieutenant, together with any two or more de

puty lieutenants, or in the absence of the said lieutenant, by any three or more deputy lieutenants, as convenient with regard to the respective abodes of the militia men as may be, and so as fuch militia men may not be obliged to go above fix miles from home to perform fuch exercise in half companies or companies; and notice of the several places of exercise to which the militia men of each parish, tything or place are to refort, shall be fent to the chief constables, or other officers of the several hundreds, rapes, laths, wapentakes, or other divisions, with directions to forward the fame to the constables, tythingmen, headboroughs, to the parithof. or other officers of the several parishes, tythings or places withficers, who are in their respective hundreds, rapes, laths, wapentakes, or other to fix the same divisions; which conftables, tythingmen, headboroughs, or on the church other parish officers, shall cause such notice to be fixed on the

Notice of the places of exercise is to be fent to the

chief con

ftables, &c. and by them

doors.

A clerk, fer

jeant major, and drum major to be appointed to each regi

a

the doors of the churches or chapels belonging to their respective parishes, tythings or places; or if any place being extraparochial, shall have no church or chapel belonging thereto, on the door of the church or chapel of some parish, tything or place thereunto adjoining; and all such militia men shall duly attend on the days herein before mentioned, at the times and places of exercise so to be appointed; and his Majesty's lieutenant shall, from time to time as occasion shall require, appoint a clerk, and alfo serjeant major out of the ferjeants, and a drum major out of the drummers, to each regiment or battalion. XXVIII. Provided always, That if the principal inhabitants If it is incon- of any parish, town or place, or any five or more of them, shall count of fairs represent to the lieutenant, or any three or more deputy lieuor markets to tenants, or any two deputy lieutenants, together with any one exercise the justice of the peace, or to any one deputy lieutenant, together militia on the with any two justices of the peace, at any meeting in their fubday set by this act,

ment.

venient on ac

they may be exercised on

any other day

in that week

but Sunday.

Where the

numbers are

divifion, in which such parish, town or place is situate, that it is upon account of fairs or markets inconvenient to exercise the militia men on the day appointed by this act, it shall be lawful for any three deputy lieutenants, or any two deputy lieutenants, together withany one justice of the peace, or any one deputy lieutenant, together with any two justices of the peace, to order and direct the militia men within such parish, town or place, to be exercised upon any other day within that week, Sunday excepted.

XXIX. Provided also, That in any county, riding or place, where the number of men to be raised, shall not amount to

insufficient to seven companies, and therefore not be sufficient to form a rebe regimented, they are to giment, such companies shall be formed into a battalion, and be fornied into thall be under the command of his Majesty's lieutenant of fuch a battalion, county, riding or place, and one field officer, one adjutant (who shall not be of higher rank in the army than a fubaltern) one serjeant major, one drum major, and one clerk, shall be appointed for the battalion of militia of such county, riding of place; and the whole militia of such county, riding or place, shall on the Tuesday, Wednesday, Thursday and Friday in Whitsun week in every year, be trained and exercised in the fame nanner,

and are to be

exercised for four days in Whitfun week annually.

F

as

as regiments in other counties are by this act directed to be brought together, trained and exercised.

exercised as

XXX. Provided also, That where by reason of the distance Smaller bodies from the appointed place of exercise, a whole company, or half of men to be company of militia men, cannot be got together, his Majesty's shall be lieutenant, together with any one or more deputy lieutenants, thought fit by or in the abfence of his Majesty's lieutenant, any two or more the lieutenant, deputy lieutenants, shall order such smaller numbers to be train- &c.

ed and exercised by such person or persons, and in such place or places as they shall think fit.

tend the ex

XXXI. And be it enacted, That one commiffion officer in Commission every company shall attend the exercise of his men, when in officer to atcompanies or in half companies, as often as convenient, and ercife of comshall then inspect the state of their arms, clothes and accoutre- panies or half ments, a report whereof he shall forthwith tranfmit in writing companies. to his Majesty's lieutenant, or to the commanding officer of the

regiment or battalion.

arms and

wardens to

XXXII. And be it enacted, That the captain of each com- Captain to pany of militia shall keep in his own custody, or leave and de- have the posit with the several ferjeants belonging to his company, or with charge of the fuch persons as the said captain shall appoint for that purpose, clothes, &c. of the arms, clothes, and accoutrements provided for his company his company; of militia; and the churchwardens of every parish or place where and churchthe faid arms, clothes and accoutrements, are so depofited, or provide chefts. one of them, is and are hereby required to provide, at the expence of such parish or place, a chefst, in which fuch captain, ferjeant, or other person so appointed as aforesaid, shall keep the faid arms in fome dry part of his house or dwelling, under lock and key, and another chest, in which he shall keep under lock and key, the faid clothes and accoutrements; and the ferjeant, or fuch other perfon as shall be appointed to train and difcipline the men, is hereby required to take care, that after exercise every militia man cleans and returns his arms, clothes and accoutrements, to his captain, or to fuch person as shall be appointed as aforesaid to receive the same.

remove the

XXXIII. Provided always, and be it enacted, That his Ma- The King's jetty's lieutenant of any county, riding or place, or the colonel lieutenant, or of any regiment of militia, is hereby authorized, by warrant the colonel, under his hand and seal, to employ fuch person or persons as may seize and he shall think fit, to seize and remove the arms, clothes and arms, &c. accoutrements, belonging to the militia, whenever his Majesty's when neceffaid lieutenant, or the faid colonel, shall judge it necessary to fary to the the peace of the kingdom, and to deliver the faid arms, clothes publick peace. and accoutrements, into the custody of fuch person or perfons 2s his Majesty's faid lieutenant, or the said colonel, shall appoint to receive the fame, for the purposes of this act.

XXXIV. And be it enacted, That if any ferjeant, or any Person intrustother person intrusted by the captain with the custody of any ed with cuftoarms, clothes or accoutrements, belonging to the militia, shall dy of the deliver out any such arms, clothes or accoutrements, unless for livering out exercising the men, or by the command of his fuperior officer, the fame, unor by the order of any justice of the peace under his hand and lefs for exerfeal, cife, or by