the whole sum of such notes so to be issued, shall not exceed the sum of forty thousand pounds current money, which notes shall be prepared, printed or engraved, and numbered in such form, and after such method, as he the said treasurer, for the time being, shall judge most convenient for their circulating in payments, and being safe from counterfeits or forgeries, and shall be signed by John Robinson, esquire, or the treasurer for the time being, and Peyton Randolph, esquire, and John Chiswell, gentleman; who shall be allowed fifty pounds each, for their trouble in doing the same, to be deducted out of the allowance to the treasurer, for emiting the said notes, and the said treasurer shall be allowed two per cent. upon the amount of the notes so to be issued, for his trouble therein.

XV. And be it further enacted, by the authority afore- Their cursaid, That all such notes so to be issued, shall be re- rency and deemable on the last day of June, one thousand seven redemption.\ hundred and sixty, and shall then be paid by the treasurer, for the time being, with interest after the rate of five per centum per annum, from the date thereof. And further, that all such notes so to be issued, shall be received and pass as a lawful tender in payment of any debt, duty, or demand, whatsoever, (except for the payment of his majesty's quit rents, and the duties imposed by two acts of Assembly, the one intituled, An act for raising the sum of twenty thousand pounds, for the protection of his majesty's subjects, against the insults and encroachments of the French, and the other intituled, An act to explain an act, intituled, An act for raising the sum of twenty thousand pounds, for the protection of his majesty's subjects against the insults and encroachments of the French, and for other purposes therein mentioned, from the time of issuing such notes, until the time before specified for the redemption thereof, at the treasury as aforesaid.

XVI. And be it further enacted by the authority afore- Penalty on said, That if any person or persons shall forge or forging such counterfeit, alter or erase any such treasury note, or notes. shall tender in payment by way of barter, or otherwise, to any person whatsoever, or shall demand a redemption of any such note at the treasury, knowing the same to be forged or counterfeited, altered or erased, every such person or persons, so offending, if RRR Vol. 6.

The securi

lawfully convicted, shall be adjudged a felon, and shall suffer as in cases of felony, without benefit of clergy. XVII. And be it further enacted, That the money ty for their to be raised by the duties imposed by this act, shall redemption. stand, be, and remain, as a security for the redemp tion of the said treasury notes so to be issued.

Treasurer to

And

the said John Robinson, treasurer, or the treasurer for the time being, appointed as aforesaid, is hereby required to apply all such money as shall come to his hands, by virtue of this act, for, and towards the redemption of such treasury notes, and to no other use or purpose whatsoever.

XVIII. And be it further enacted, by the authority give further aforesaid, That John Robinson, esquire, treasurer of security. this colony, shall give such further security, as shall be approved by the governor, or commander in chief of this colony, in the sum of forty thousand pounds, for the due answering and paying all the money, by him received from time to time, and for the due and faithful performance of his said office, and in case of his death, resignation, or disability, the treasurer to be appointed in his stead, shall in like manner give such further security, before he enters into his said office.

Preamble.

All the officers of the militia to be

CHAP. II.

An Act for the better regulating and training the Militia.

I. WHEREAS the act of Assembly made in the twelfth year of his majesty's reign, intituled, An act for the better regulation of the militia, hath proved very ineffectual, whereby the colony is deprived of its proper defence in time of danger:

II. Be it therefore enacted by the Lieutenant Governor, Council, and Burgesses, of this present General Asresident in sembly, and it is hereby enacted by the authority of the sume, That from, and after the passing of this act, all county lieutenants, colonels, lieutenant colonels, and other inferior officers, bearing any commission in the

their coun

ties.

militia of this colony, shall be an inhabitant of, and resident in the county of which he is, or shall be commissioned to be an officer of the militia.

III. And be it further enacted, by the authority afore- Who to be said, That the lieutenant, or in his absence, the chief listed in the officer of the militia in every county shall list all male militia. persons, above the age of eighteen years, and under the age of sixty years, within this colony, (imported servants excepted) under the command of such captain, as he shail think fit, within two months after the passing of this act.

IV. Provided always, That nothing herein contain- Who to be ed shall be construed to compel any persons hereafter exempted mentioned, to muster, that is to say, such as are members of the council, speaker of the house of Burgesses, receiver general, auditor, secretary, attorney general, elerk of the council, clerk of the secretary's office, ministers of the church of England, the president, masters or professors, and students of William and Mary college, the mayor, recorder, and Aldermen of the city of Williamsburg, and borough of Norfolk, the keeper of the public goal, any person being bona fide, an overseer over four servants or slaves, and actually residing on the plantation where they work, and receiving a share of the crop or wages, for his care and pains, in looking after such servants and slaves: Any miller having the charge and keeping of any mill, and founders, keepers, or other persons employed in or about any copper, iron or lead mine, who are all hereby exempted, from being inlisted, or any way concerned in the militia, during the time they shall continue in any such station or capacity.

V. And be it further enacted, by the authority afore- How to be said, That every person so as aforesaid inlisted, (ex- accoutred. cept the people commonly called Quakers, free Mulattoes, negroes and Indians) and placed or ranked in the horse or foot, shall be armed and accoutred in the manner following, that is to say; every horseman shall be furnished with a serviceable horse, a good saddle, with a breast-plate, crupper and curb bridle, carbine and bucket, holsters, a case of pistols, cutting sword, double cartouch box, and six charges of powder, and constantly appear 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 ball, and bring the same into the field with

Persons exempted to

of arms.

him when thereunto required: And every footman shall be furnished with a firelock well fixed, a bayonet fitted to the same, a cutting sword, a double cartouch box, and three charges of powder, and constanly ap pear with the same, at the time and place appointed for muster and exercise as aforesaid, and shall also keep at his place of abode, one pound of powder and four pounds of ball, and bring the same with him into the field when he shall be required. And if it shall be made appear to the court of any county, by the lieutenant or chief commanding officer in the county. and captain of any company, that any soldier inlisted in the foot, is so poor, as not to be able to purchase the arms aforesaid; then such court shall, and they are hereby required immediately, to depute some person to send for the same to England, by the first opportu nity, and to levy the charge thereof in the next county levy, which arms so to be sent for, shall be marked with the name of the county; and if any person shall presume to buy or sell any such arms, so provided as aforesaid, then and in such case, every person so buying or selling, shall forfeit and pay the sum of six pounds, to be recovered with costs by information before the court of the county to which the arms shall belong, or in the court of the county wherein the of fender or offenders shall reside, one moiety where of shall be to, and for the use of the county, to which the arms shall belong, for the purchasing other arms, and the other moiety to the informer; and all arms purchased by any county, and delivered to any poor soldier, as aforesaid, shall on his death or removol 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, that the commanding oflicer of the said county shall adjudge unable to provide himself with arms as aforesaid.

VI. And be it further enacted, by the authority aforesaid, That the several persons herein after exempted find a cer- from mustering, (except ministers of the church of tain number England, the president, masters or professors, and students of William and Mary college, the keeper of the public goal, overseers and millers, and all workers in any mine whatsoever) shall provide arms for the use of the county, city or borough, wherein they shall respectively reside in the following manner; that

is to say, each councillor not being an officer of the militia, four complete sets of arms, as is herein before directed for a foot soldier: The speaker of the house of Burgesses not being an officer of the militia, four compleat sets of arms as before: The receiver general, auditor, and secretary, not being a councillor or officer of the militia, each four compleat setts as before: The attorney general, not being an officer of the militia, two compleat sets as before: The clerk of the council, and clerk of the secretary's office, not being officers of the militia, each two compleat sets as before: The mayor, recorder, and aldermen of the city of Williamsburg, and borough of Norfolk, (not before by this act obliged, and not being officers of the militia) each two compleat sets, as before. And if they shall fail or refuse so to do, within twelve months after the passing this act, then it shall and may be lawful, for the several courts of the counties, wherein the persons before mentioned shall reside, and they are hereby impowered and required to levy the value of, the same on each of them respectively.

How mulat

toes, ne

VII. And be it further enacted by the authority aforesaid, That all such free mulattoes, negroes and Indians, as are or shall be listed, as aforesaid, shall ap- groes, and pear without arms, and may be employed as drummers, Indians, may be employtrumpeters or pioneers, or in such other servile labor, as they shall be directed to perform. And for the better training and exercising the militia, and rendering them more serviceable.

ed.

VIII. Be it further enacted, by the authority afore- When gene

ral musters

said, That every captain shall once in three months, and oftner if thereto required, by the lieutenant or shall be callchief commanding officer in the county, muster, train ed. and exercise his troop or company, and the lieutenant or other chief commanding officer in the county, shall cause a general muster and exercise of all the troops and companies within his county, to be made in the months of March and September yearly: And if any where persoldier, shall at any general or private muster, refuse sons misbeto perform the commands of his officer, or behave him- have themself refractorily or mutinously, or misbehave himself selves at any at the courts martial, to be held in pursuance of this private or generrl musact, as is herein after directed, it shall and may be ter, how to lawful to, and for the chief commanding officer, then be punished. present, to fine every such soldier, if an horseman, any sum not exceeding ten shillings, and if a footman,