November
1738—An Act for better Regulation of the Militia
“II. …chief officer of the militia, in every county,
shall list all free male persons, above the age of one
and twenty years…” [No upper age limit.]
III. [Those exempt from personal attendance at musters
to provide substitutes.]
Provided always, That nothing herein after contained,
shall be construed to compel any persons herein after
mentioned, to a personal attendance at musters: …members
of his majesty’s council, speaker of the house of
burgesses, secretary, receiver-general, auditor, judge
of the court of vice-admiralty, attorney-general, clerk
of the council, clerk of the house of burgesses, clerk
of the secretary’s office, a justice of the peace, clerk
of any county court, or any person that shall have borne
any military commission as high as that of captain, or
the people commonly called Quakers: Yet all the persons
aforesaid, shall, and are hereby required, to send one
able-bodied man, not being a convict, or man and horse,
armed and accoutred, according to the directions of this
act, constantly to appear, and exercise at musters.
IV. [Other men were exempted from even being listed.]
Provided also, That nothing herein contained, shall
impower [sic] or enable any colonel, or chief officer of
the militia, to list or cause to be listed, any of the
ministers of the church of England, the president,
masters, or professors, and students, of the college of
William and Mary, during the time of their being such,
any overseers residing on the plantation where the
slaves under their care are worked, all millers, having
the charge and keeping of any mill, nor the founders,
keepers, or other persons employed in or about any iron,
copper, or lead work, or any other mine, during the time
of their being so employed; who are hereby exempted from
being any ways concerned in the militia.
“V. …Every horse-man shall be furnished with a
serviceable horse, a good saddle,… carbine or fusee, and
bucket, holsters, a case of pistols, cutting sword or
cutlass, double cartouch box, and six charges of
powder…And every footman [as opposed to horse-man] shall
be furnished with a firelock, musket, or fuzee, well
fixed [in good order], a bayonet fitted to same, or a
cutting sword or cutlass, a cartouch-box, and three
cartridges of powder; and appear with the same at the
time and place appointed for muster and exercise, as
foresaid; and shall also keep at his house, one pound of
powder, and four pounds of ball; and bring the same into
the field, when he shall be required….
VI. And be it further enacted, that all such free
mulattos, Negro, or Indians, as are or shall be listed,
as aforesaid, shall appear without arms; and may be
employed as drummers, trumpeters, or pioneers, or in
such other servile labor, as they shall be directed to
perform.
VII. …every captain shall, once in three months, or
oftener, if required, muster, train, and exercise his
troop or company: And the county lieutenant, colonel, or
chief commanding officer, in every county, shall cause a
general muster and exercise of all the troops and
companies within his county to be made in the month of
September, every year….
VIII. And further, it shall and may be lawful, for the
chief officer of the militia, in every county, to order
all persons listed therein, to go armed to their
respective parish services….[This part of the act also
required the chief officer to appoint an officer and
four men to conduct slave patrols.]
X. …And every person listed in the foot, shall pay [a
fine of] five shillings, or fifty pounds of tobacco, at
their election [choice], for not appearing at muster,
completely armed and accoutred…[Fines for failure to
attend or be properly armed were much higher for
officers.]
XI. Provided always…That eighteen months time be given
and allowed to each soldier to furnish and provide
himself with arms and ammunition, according to this
act…during the said eighteen months, do appear at all
musters, with such arms as he is already furnished
with.”
XII. And, for encouragement to every soldier to provide
and furnish himself, according to the directions of this
act, and his security to keep his arms and ammunition,
when provided, Be it enacted, by the authority
aforesaid, That the furniture, arms and ammunition,
provided and kept in pursuance of this act, be free and
exempted, at all times, from being impressed upon any
account whatsoever; and likewise from being seized or
taken by any manner of distress, attachment, or writ of
execution…
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August 1755—An Act for better regulating and
training the Militia
“I. Whereas the act of assembly [of 1738] hath proved
very ineffectual, whereby the colony is deprived of its
proper defence [sic] in time of danger:
II. [All officers required to reside in the county where
they are commissioned.]
III. [List] …all male persons, above the age of eighteen
years, and under the age of sixty years, within this
colony (imported servants excepted)…
V. [Quakers moved from those exempt from being listed to
those to appear without arms.] …every horseman shall be
furnished with a serviceable horse, a good saddler, with
a brest 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 … and shall keep at his
place of abode, one pound of powder and four pounds of
ball,…And every footman shall be furnished with a
firelock well fixed, a bayonet fitted to same, a cutting
sword…[same requirements of powder and ball as in
1738]…And if it shall be made to appear to the court of
any county…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 opportunity, and to levy the
charge thereof in the next county levy, which arms 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…[fine of] …six pounds…and all arms purchased by the
county…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….
VI. …That the several persons herein after exempted from
mustering…shall provide arms for the use of the
county…[This only applied to councilors, speaker of the
house, receiver general, clerk of the council etc.]
X. …[Fine for foot soldier not appearing with a firelock
and bayonet set at three shilling and the fine for
appearing without a sword cartouch-box and three charges
of powder three shillings. Failure to appear at all ten
shillings.]
XIII. [Allowed twelve months for each soldier to provide
himself with arms and ammunition an required that they
attend musters during that time “with such arms as he
hath, and is already furnished with.”]
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April 1757—An Act for better regulating and
disciplining the Militia
I. WHEREAS it is necessary, in this time of danger, that
the militia of this colony should be well regulated and
disciplined, Be it therefore enacted, by the
Lieutenant-Governor, Council, and Burgesses, of this
present General Assembly… That from and after the
passage of this act every … officer, bearing any
commission in the militia of this colony, shall be an
inhabitant of and resident in the county of which he is
or shall be commissioned…
II. …in every county, except the county of Hampshire,
shall list all male persons above the age of eighteen
years, and under the age of sixty years, … (imported
servants excepted)…
III. Provided always, That nothing herein contained
shall be construed to compel any person hereafter
mentioned to muster, that is to say, members of the
council, speaker of the house of burgesses,
receiver-general, auditor, secretary, attorney general,
clerk 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 major, recorder and alderman of the city of
Williamsburg and borough of Norfolk, the keeper of the
public goal [sic], any person being bona fide an
overseer of four servants or slaves, being tithables,
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 or slaves; any
miller having the charge and keeping of any mill, and
founders, keepers, or others persons employed in or
about any copper, iron, or lead mine, who are all hereby
exempted from being inlisted or any wise concerned in
the militia during the time they shall continue in such
station or capacity.
IV. …That every person so as aforesaid inlisted (except
free mulattoes, negroes, and Indians) shall be armed in
the manner following, that is to say: Every soldier
shall be furnished with a firelock well fixed, a bayonet
fitted to same, a double cartouch-box and three charges
of powder, and constantly appear with the same at the
time and place appointed for muster and exercise, 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 certified to the court of any county, by order
of the court-martial, that any soldier inlisted in such
company 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 Great-Britain by the first
opportunity, and 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
presumes 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,
…[half to purchase additional arms for the county and
half to the informant] … And all arms purchased by any
county and delivered to any poor soldier…shall on his
death or removal out of the county, be delivered to the
chief militia officer of the county, or to the captian
[sic] of the company to which such poor soldier did
belong,… [to be reissued].
V. … That the several persons herein before exempted
from mustering (except ministers of the church of
England, the president, master or professors, and
students of William and Mary college, the keeper of the
public goal [sic], 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 counselor, not being an officer of the
militia, four complete sets of arms, as is herein before
directed for a soldier; the speaker of the house of
burgesses, … four complete sets; the receiver general,
auditor, and secretary …each four complete sets; the
attorney-general … two complete sets… the clerk of the
council and clerk of the secretary’s office … each two
complete sets… the mayor, recorder, and aldermen of the
city of Williamsburg and the borough of Norfolk, not
before by this act obliged, and not being officers of
the militia, each two complete sets, as before….
VII. … That all such free mulattoes, negroes, and
Indians as are or shall be inlisted, as aforesaid, shall
appear without arms, and may be employed as drummers,
trumpeters, or pioneers, or in such other servile labor
as they shall be directed to perform.
XII. …That every officer of the militia … shall appear
well armed in the following manner, that is to say:
Every county lieutenant, colonel, lieutenant-colonel,
major with a sword; and every captian and lieutenant
with a firelock and a sword, and every ensign with a
cutting-sword; every corporal and sergeant with a
cutting sword and halberd…
XIII. …That every such officer shall have twelve months
allowed him, after his promotion to such office, for
furnishing the arms aforesaid, but in the mean time
shall appear with such of the said arms as he already
hath. …
XIV. … That twelve months shall be given and allowed to
each soldier, not already inlisted, to furnish and
provide himself with arms and ammunition according to
the directions of this act, … so as such soldier do
appear at all musters during the said twelve months with
such arms as he hath and is already furnished with:…
XV. And for an encouragement to every soldier to provide
and furnish himself according to the directions of this
act, and his security to keep his arms and ammunition
when provided, Be it further enacted, by the authority
aforesaid, That the arms and ammunition provided and
kept in pursuance of this act be free and exempted at
all times from being impressed upon any account
whatsoever, and likewise from being seized or taken by
any manner of distress, attachment, or writ of
execution…and any person going to , attending at, and
returning from muster shall be privileged and exempted
from arrests, and from being served with any other
process in any civil action or suit. [This law was
originally passed to be in effect for three years but it
was continued in February of 1759 for three more.]
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November 1762— An Act for amending and further
continuing the act for the better regulating and
disciplining the Militia.
I. Whereas the act of assembly… [passed in 1757 and
continued in 1759]… will expire on the eight day of June
next, it is necessary that the said act should be
further continued, with some amendments.
II. …That from and after the passing of this act the
several persons herein after-mentioned shall be, and are
hereby declared, to be free and exempt from appearing or
mustering either in private or general muster of their
respective counties, that is to say: All his majesty’s
justices of the peace within this colony…(except [those
commissioned] as officers of the militia), all persons
bred to and actually practicing physick or surgery, and
all inspectors at the public warehouses appointed for
the inspection of tobacco; and they shall not be subject
or liable to any fine…
III. Provided always, That the persons so exempted from
mustering shall provide complete sets of arms, as are by
the said act required for soldiers, for the use of the
county, city or borough, wherein they shall respectively
reside; and if they shall fail or refuse so to do,
within one year… [the county courts are ] …required, to
levy the value of such arms on each of them
respectively.
__________________________
Act Extended November 1766 and July of 1771, until it finally lapsed
in 1773. [Minor changes were made to sections
including who was exempt from mustering but the basic
requirements remained the same.]
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July 17, 1775
And be it farther ordained, That the companies to be
raised in the districts of Pittsylvania, Fincastle,
Bedford, and Botetourt, and of Berkley, Frederick,
Dunmore [soon to be renamed Shenandoah], and Hampshire,
Augusta, Albemarle, Buckingham, and Amherst, Culpeper,
Fauquier, and Orange, shall consist of expert rifle-men;
and shall be, by the committee of safety, allowed two to
each regiment, to be employed as light infantry.
[Punctuation of that paragraph is confusing to our
modern sense of sentence structure but what it says is there will be a total of
four companies of riflemen--two for each regiment. One
company from Pittsylvania, Fincastle, Bedford, and
Botetourt, another from Berkley, Frederick, Dunmore
[soon to be renamed Shenandoah], a third from Hampshire,
Augusta, Albemarle, Buckingham, and the fourth from
Amherst, Culpeper, Fauquier, and Orange.]
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